Kentucky Sample Letter for Petition for Approval of the Sale
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How to fill out Sample Letter For Petition For Approval Of The Sale?
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FAQ
The purpose of petition to dispense is to enable the surviving spouse or child to be able to obtain their exempt share with a much lower cost and less delay than a full probate proceeding.
Unlike most other states, Kentucky utilizes the ?dower and curtesy? inheritance structure. If a spouse dies without a will, the spouse receives the dower share, but not the entire estate. Because of these laws, you'll want to consider a will to designate how you want your assets distributed, despite being married.
(1) Administration of the estate of a person dying intestate may be dispensed with by agreement if there are no debts owing by the estate; all persons beneficially entitled to the personal estate have agreed in writing that there shall be no administration; and either there are no claims or demands due the estate, or ...
This petition is not obligated to remain open for the full probate process, which in Kentucky is a minimum six- month process. The purpose of petition to dispense is to enable the surviving spouse or child to be able to obtain their exempt share with a much lower cost and less delay than a full probate proceeding.
(1) In all civil cases appealed to the Court of Appeals, except those specified in paragraph (A)(2), each appellant and cross-appellant shall file a prehearing statement no later than 20 days from the filing of its respective notice of appeal or cross-appeal.
All creditors that wish to be paid from the estate are required to file a claims against the estate within 180 days (6 months) from the date the personal representative is appointed. Valid debts can be paid after the six months are up.
The first step is to locate the deceased person's original will. The second step is to file a petition, using form AOC-805, which asks the District Court judge to admit the will to probate and to appoint an execu- tor to administer and settle the decedent's estate. KRS §§394.140, 394.145.
If the estate is $30,000 or less, and there is no real estate, then either the surviving spouse, surviving child or a preferred creditor may file a petition to dispense with administration of probate.
