Small Estate Affidavit in Kentucky: The AOC-830 Petition to Dispense with Administration

When You Can Skip Formal Probate in Kentucky

Kentucky offers a fast-track procedure for modest estates under KRS 395.455 called "Dispensing with Administration." Instead of opening a full probate case — which takes six to twelve months minimum — you file a single petition asking the District Court to transfer the deceased person's assets directly to the qualified heir without formal administration.

The threshold: the estate's distributable assets must be worth $30,000 or less after accounting for any paid preferred claims (funeral costs, administration fees, and taxes). A legislative amendment effective July 15, 2026, updated the statute to use the broader term "distributable assets" rather than the older "probatable assets," which simplifies how small estates are evaluated.

Real estate is excluded from this calculation. Only personal property — bank accounts, vehicles, personal belongings, small investment accounts — counts toward the $30,000 threshold.

Who Can File Form AOC-830

Not everyone can petition to dispense with administration. KRS 395.455 establishes a strict priority:

Surviving spouse — first in line. If the personal estate is $30,000 or less, the surviving spouse can petition to have all assets transferred directly to them under the spousal personal property exemption.

Surviving children — if there is no surviving spouse, the decedent's children can petition to have the assets divided among them.

Preferred creditors — if there is no spouse or child (or they waive their exemption in writing), a person who paid funeral expenses or other preferred claims under KRS 396.095 can petition to recover those costs from the estate.

How to File: Step by Step

Step 1: Gather documentation. Collect proof of every asset held solely in the decedent's name — bank statements, vehicle titles (you'll need the VIN), personal property appraisals. You need enough detail to show the total value falls under $30,000.

Step 2: Complete Form AOC-830. Download the Petition/Order to Dispense with Administration from the Kentucky Court of Justice website. Fill in the decedent's full name, date of death, date of birth, last four digits of their Social Security number, and a complete list of assets with values.

Step 3: Indicate testate or intestate status. The form asks whether the decedent died with or without a will. If there's a will, submit it with the petition — the court will order it "probated only" and recorded, but won't issue formal letters of administration.

Step 4: Sign before a notary. You must sign the AOC-830 under oath before a notary public or the county clerk. This is mandatory — an unsigned or unnotarized petition will be rejected.

Step 5: File with the District Court. Submit the petition along with a certified death certificate to the District Court clerk in the county where the decedent lived. The court reviews the petition and, if everything qualifies, enters an order transferring the assets directly.

The $2,500 Emergency Withdrawal

While the petition is being processed, a surviving spouse can petition the District Court for an order allowing an immediate withdrawal of up to $2,500 from the decedent's bank accounts under KRS 391.030(2). The bank must honor this court order. This amount is charged against the overall $30,000 spousal exemption, so it's an advance — not extra.

This provision exists because formal probate can take months, and the surviving spouse needs immediate access to funds for groceries, utilities, and mortgage payments.

What Happens After the Order

Once the court grants the petition, you receive a certified copy of the order. Present this to banks, the DMV, and any other institution holding the decedent's assets. They are legally required to transfer the assets to you as directed by the court.

The entire process typically takes two to four weeks — compared to six to twelve months for full probate.

The Kentucky Basic Estate Planning Kit includes a small estate eligibility calculator and a plain-language walkthrough of the AOC-830 process, so your family can handle a modest estate without hiring an attorney.

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