Form AOC-830 "Petition/Order to Dispense With Administration (Surviving Spouse/Children/Preferred Creditor)" - Kentucky

Kentucky Small Estate Affidavit Form: What Is It?

A Kentucky Small Estate Affidavit refers to a formal document drafted by a legal heir of the decedent in order to claim the property the latter has left skipping a time-consuming probate process.

Alternate Name:

  • Form AOC-830.

If you already know heirs and beneficiaries entitled to get access to the property, you can use this opportunity to come into possession of the estate much quicker and at a lower cost.

You can find a fillable Kentucky Small Estate Affidavit below.

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How to File a Small Estate Affidavit in Kentucky?

Here is how you can arrange the settlement of a small estate in Kentucky if the owner has not left any instructions:

  1. Confirm you are submitting the necessary documentation in line with state regulations. While you are not obliged to wait for weeks or months after the passing of the estate owner, you have to certify the total value of the estate does not exceed $30.000 and only includes personal items and money and sign the papers before a notary public.
  2. Fill out the Kentucky Small Estate Affidavit Form. It has to contain the following elements: the number of the case assigned to the estate by the local district court that handles the probate proceedings in your county, the county and the court that will make a decision regarding the estate settlement, the name of the deceased individual, the dates of their birth and death, their address at the time of death and a social security number. Confirm the person in question passed away with or without preparing a will, list their assets, verify your own status before filing the affidavit, include the request to open the probate proceedings if necessary, record the names of creditors, debts, and expenses you still have to deal with before distributing the assets, write down your name, age, and contact information. If you are not a surviving spouse or child of the estate owner, you need to ask these people to approve your plans to settle the estate before you bring the affidavit to a notary public. In case a legal professional completed the form, they need to sign it as well.
  3. Go to a district court and give an affidavit to a clerk - they will be able to tell you the processing time of the form.
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Download Form AOC-830 "Petition/Order to Dispense With Administration (Surviving Spouse/Children/Preferred Creditor)" - Kentucky

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AOC-830
Doc. Code: PDA & ODA
Rev. 12-16
Case No. ____________________
Page 1 of 2
l e x
e t
Court
____________________
District/Probate
j u s t i t i a
Commonwealth of Kentucky
County
____________________
Court of Justice
www.courts.ky.gov
P
/o
t
d
etition
rder
o
isPense
W
A
Division
____________________
KRS 391.030; 394.145; 395.455;
ith
dministrAtion
(Surviving Spouse/Children/Preferred Creditor)
396.095
IN RE: Estate of _______________________________________________________________________
(Name of Decedent)
Address: ________________________________________
Date of Death: _____________________________
________________________________________
________________________________________
Date of Birth: _____________________________
Social Security Number: ____________________________
PETITION
Comes the Petitioner, being first duly sworn, and states as follows:
1.
Decedent died [ ] testate [ ] intestate with residence at the above listed address and on the above date.
2.
At the time of death, decedent left no estate to be administered with the exception of the following assets (include
value for each asset listed): _____________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
3.
In relation to the above named decedent, I am the
[ ] surviving spouse [ ] only surviving child
(check all that apply)
[ ] surviving child whose surviving siblings have signed a waiver herein or attached a waiver [ ] preferred
creditor [ ] preferred creditor of the decedent whose surviving spouse has signed a waiver herein or attached a
waiver [ ] assignee of the preferred creditor.
4.
[ ]
Petitioner applies for Probate of Decedent's Will, filed herewith, which is his/her Last Will and
(check if applicable)
Testament.
5.
As a preferred creditor/assignee of decedent, I have paid the following claim(s) against the estate in the following order
(attach receipts):
Claim
Payee
Amount
a.
Cost and Expenses of Administration
__________________________________
____________
b.
Funeral expenses
__________________________________
____________
c.
Debts and taxes with preference
under federal and Kentucky Law
__________________________________
____________
d.
Other
__________________________________
____________
6. I certify that there has been no previous administration of decedent's estate within Kentucky or elsewhere.
AOC-830
Doc. Code: PDA & ODA
Rev. 12-16
Case No. ____________________
Page 1 of 2
l e x
e t
Court
____________________
District/Probate
j u s t i t i a
Commonwealth of Kentucky
County
____________________
Court of Justice
www.courts.ky.gov
P
/o
t
d
etition
rder
o
isPense
W
A
Division
____________________
KRS 391.030; 394.145; 395.455;
ith
dministrAtion
(Surviving Spouse/Children/Preferred Creditor)
396.095
IN RE: Estate of _______________________________________________________________________
(Name of Decedent)
Address: ________________________________________
Date of Death: _____________________________
________________________________________
________________________________________
Date of Birth: _____________________________
Social Security Number: ____________________________
PETITION
Comes the Petitioner, being first duly sworn, and states as follows:
1.
Decedent died [ ] testate [ ] intestate with residence at the above listed address and on the above date.
2.
At the time of death, decedent left no estate to be administered with the exception of the following assets (include
value for each asset listed): _____________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
3.
In relation to the above named decedent, I am the
[ ] surviving spouse [ ] only surviving child
(check all that apply)
[ ] surviving child whose surviving siblings have signed a waiver herein or attached a waiver [ ] preferred
creditor [ ] preferred creditor of the decedent whose surviving spouse has signed a waiver herein or attached a
waiver [ ] assignee of the preferred creditor.
4.
[ ]
Petitioner applies for Probate of Decedent's Will, filed herewith, which is his/her Last Will and
(check if applicable)
Testament.
5.
As a preferred creditor/assignee of decedent, I have paid the following claim(s) against the estate in the following order
(attach receipts):
Claim
Payee
Amount
a.
Cost and Expenses of Administration
__________________________________
____________
b.
Funeral expenses
__________________________________
____________
c.
Debts and taxes with preference
under federal and Kentucky Law
__________________________________
____________
d.
Other
__________________________________
____________
6. I certify that there has been no previous administration of decedent's estate within Kentucky or elsewhere.
AOC-830
Rev. 12-16
Page 2 of 2
Because the exemption given to the above surviving spouse/child(ren) and/or claim(s) of the above preferred creditor/
assignee equals or exceeds the value of the above estate asset(s), I ask this Court to dispense with the administration of the
above estate and to transfer the above personal property to me or my designee, ________________________________.
____________________________________
_______
_____________________________________________
Name of Surviving Spouse Waiving Preference
Age
Signature of Surviving Spouse Waiving Preference
(Please Print)
(If Petitioner is not Decedent’s Spouse)
Address/P.O. Box Address: _________________________________________________________________________
_______________________________________________________________________________________________
_____________________________________________
____________________________________________
Signature of Surviving Child Waiving Preference
Signature of Surviving Child Waiving Preference
__________________________________________
Petitioner’s Signature
Address: _______________________________________________________________________________________
_______________________________________________________________________________________________
Phone Number: __________________________________
Subscribed and sworn before me by petitioner on _________________________________, 2_______.
My commission expires _____________________.
_____________________________________________________
Name/Title
ORDER
[ ] Upon hearing, the Will offered was proven by ______________________________ and ORDERED PROBATED
as the Last Will and Testament of Decedent this _________ day of __________________________________, 2________.
The Will shall be probated only and no letters of administration shall be issued.
Upon verified petition of the above petitioner, IT IS HEREBY ORDERED that the petition be granted to dispense
with the administration of the estate of the above decedent, and the above personal property is transferred to petitioner
or his/her designee, _____________________________________________________________________________.
________________________________, 2_______
____________________________________________
Date
Judge’s Signature
CERTIFICATE
I certify that this petition and order were prepared in accordance with CR 11.
___________________________________________
_____________________________________________
Attorney for Petitioner
Address and Phone Number
Distribution: Court File
Petitioner
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