Kentucky Small Estate Affidavit (Form AOC-830)

The Kentucky Small Estate Affidavit (Form AOC-830) “Petition to Dispense with Administration” is a two-page document provided by the Commonwealth of Kentucky Court of Justice. The surviving spouse, child/ren, or creditor of a person who died intestate (without a will) may use this form to obtain the surplus of the small personal estate they left behind “after payment of funeral expenses, charges of administration, and debts.”

Laws & Required Conditions

Laws: § 391.030 & § 395.455

Maximum Estate Value: $15,000

Required Conditions: Kentucky state law (§ 391.030) provides that the small estate “shall pass and be distributed among the same persons, and in the proportions, to whom and in which real estate is directed to descend.” To do so, any qualified party must petition the Commonwealth of Kentucky
Court of Justice by filing and completing a Kentucky Small Estate Affidavit (Form AOC-830) “Petition to Dispense with Administration”.

A surviving spouse is granted special rights of access to the deceased individual’s funds, of which are outlined in § 391.030(2)(3). In cases where there is indeed a surviving spouse, they and any other parties contesting the state should take note of the provisions found in § 395.455 before proceeding.