Petition to Dispense

Family

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 the administration of probate. If you paid the funeral expense, then you would qualify as the preferred creditor, barring that you do not qualify as either the surviving spouse or child. 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.