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

Related Topics:
2 Lawyer Answers
Ben F Meek III
Ben F Meek III
PREMIUM
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.