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KRS 395.455 · checked 2026-10-20

Kentucky small estate affidavit limit

Kentucky's simplified route is the order dispensing with administration. KRS 395.455 sets no dollar figure of its own: administration can be dispensed with when the surviving spouse's exemption under KRS 391.030, alone or with preferred claims the spouse paid, equals or exceeds the probatable assets. The same applies to a person who paid the preferred claims when there is no spouse or the spouse waives.

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  1. 1Dollar limit No cap
  2. 2Waiting period None stated
  3. 3Filed with Court
  4. 4Statute KRS 395.455
Dollar limit
No cap
Waiting period
None stated
Court involved
Yes
Real estate
Not stated
Mississippi$75,000Tennessee$50,000Alabama$47,000
Small-estate dollar limits in the East South Central states covered here (Kentucky has no dollar figure). Bars to scale from zero; "base" marks a figure adjusted for inflation by statute.

What KRS 395.455 says

The operative words of the statute, as read on 2026-10-20:

“may order that administration of the estate be dispensed with”

The test is probatable assets compared with the surviving spouse's exemption (KRS 391.030) plus preferred claims paid.

Source: KRS 395.455 (text read from the Justia copy, current as of 2025; check the legislature's own text before relying on it). Last checked 2026-10-20.

When the route opens

KRS 395.455 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.

Filing and fees

This route is still a court proceeding, but a shorter one than full administration: a petition, notice to interested persons, and an order. The court fee schedule for Kentucky could not be read when this page was checked, so no fee is shown.

The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the order dispensing with administration and what it charges. This site does not supply forms or refer anyone to a lawyer.

Nearby East South Central jurisdictions

Alabama: $47,000; Mississippi: $75,000 after 30 days; Tennessee: $50,000.

Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.

General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Kentucky probate court or its self-help center before filing.