KRS 395.455: Transfer of assets without administration.
Where this section sits in the code
- KRS Chapter 395
(1) Where the exemption for the surviving spouse or children, alone or together with
preferred claims, paid by either the surviving spouse or children or by the surviving
spouse where the surviving spouse's estate is legally liable for payment, equals or
exceeds the amount of distributable assets, the court may order that administration
of the estate be dispensed with and the assets be transferred to the surviving spouse
or, if there is no surviving spouse, to the surviving children, or to a person
designated by the surviving spouse. The court may order that administration of the
estate be dispensed with in both testate and intestate estates without requiring the
renunciation of a will.
(2) If the court is satisfied that no distributable estate will pass through the hands of the
personal representative, it may order that no letters of administration be issued and
in the case of a testate estate, order that the will be probated only.
(3) The court may order that the administration of the estate be dispensed with a nd the
assets transferred in favor of a preferred creditor or other person where:
(a) A surviving spouse or, if there is no surviving spouse, the surviving children
have waived the exemption accorded by law in favor of a person who has paid
preferred claim s in an amount equaling or exceeding the amount of
distributable assets or who is legally entitled to payment; or
(b) There is no surviving spouse or surviving children, and another person has
paid preferred claims or is legally entitled to payment.
(4) For purposes of this section, the exemption for the surviving spouse and children
shall be the exemption created by KRS 391.030, and preferred claims shall be those
listed in KRS 396.095 and in the order listed.
Collected 2026-09-05T20:59:27Z. Source file · JSON