Erlanger, KY asked in Estate Planning for Kentucky

Q: How do I transfer my deceased mother's vehicle out of her name in KY? She had no will and I'm her next of kin (daughter)

The circuit clerk said to get an "order of distence" when I called about that I was told to get legal advice.. there is no estate to be executor to. She only had a bank account and car

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2 Lawyer Answers
Ben F Meek III
Ben F Meek III
Answered
  • Estate Planning Lawyer
  • Oklahoma City, OK

A: Most states have what are called "small estate affidavits" or "affidavits of heirship" or similar. If

you qualify to use them, they can help avoid having to file a probate case with the courts. Generally, you have to be an heir of the owner that has died, no probate or intestate estate proceedings filed anywhere for the decedent, and you can list all of the heirs and their last known addresses. Usually there is a cap on the value the affidavit can be used for.

Contact an experienced probate lawyer in your state for details and possibly forms. You might also contact your state's Bar Association for forms and information. Good luck.

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Estate Planning Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You need an order dispensing with administration which you can fill out and file in your local probate clerks office. That will allow you to transfer the vehicle.

1 user found this answer helpful

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