Laws
- Days after Death – No statute. State law does not stipulate any specific period must pass before an affidavit can be filed. An individual can begin the process when they are ready.
- Maximum – $30,000. (KRS § 391.030) A small estate is personal property or money not exceeding $30,000.
- Social Security Number (SSN) – The decedent’s Social Security Number must be included in the affidavit.
- Citizenship – Per KRS § 391.030, an “alien” may receive property as if s/he were a citizen.
- Signing – Form AOC-830 must be signed before a notary public.
- Statute – Chapter 391. Descent and Distribution. A surviving spouse or child (or even creditors) may apply to the District Court to transfer a decedent’s personal property. Per KRS § 395.455, a surviving spouse, surviving child(ren) or preferred creditor can file a petition with the District Court to claim assets without administration.
How to File (4 steps)
1. Collect Information
Gather information about debts the estate owes and assets it contains. Include a value amount for each. Locate the decedent’s will if there is one, and this will be probated in District Court once you submit it with your affidavit (KRS § 394.140).
2. Prepare Affidavit
Download Form AOC-830 Petition/Order to Dispense with Administration and fill it out. Include the decedent’s social security number. Indicate whether the decedent died estate or intestate, meaning with or without a will. Include each asset remaining in the estate and its value.
Indicate your relationship to the deceased, per KRS § 395.455, and indicate which claims against the estate you have had to make, including administration costs, funeral expenses, and debts per state law.
4. File with the District Court
Use this court locator to determine where to file your Petition to Dispense with Administration.