The Kentucky “small estate affidavit” is officially Form AOC-830, the Petition to Dispense with Administration, filed in the District Court of the county where the decedent lived. It lets a surviving spouse, child, or person who paid funeral or other preferred bills collect a deceased person’s personal property without opening a full probate estate, as long as the value left over fits within the limits set by KRS 395.455 and KRS 391.030.
Losing a loved one is hard, and the paperwork that follows can feel like one more weight. The good news is that this single, two-page form often replaces months of court work. Kentucky’s small estate threshold sits at $30,000.00 after preferred claims, and a clean petition can be approved by a District Judge in a matter of days. Get one box wrong, though, and the clerk can reject the filing, freeze a bank account, or force you into full administration you never needed.
Here is what you will learn in this guide:
- 📋 What Form AOC-830 does and exactly who is allowed to sign it
- 🗂️ Every document and number you must gather before you start
- ✍️ A line-by-line walkthrough of all 8 items on the petition
- 👨👩👧 Three real filled-out examples you can copy
- ⚖️ The mistakes that get petitions rejected and how to dodge them
What the Form Is and Who Must File It
Form AOC-830 is a request, not an automatic right. You are asking a District Judge to dispense with administration, which means to skip the normal probate process of naming an executor or administrator. The court reviews your sworn statements and, if satisfied, signs an order transferring the decedent’s personal property straight to you. The form carries Doc. Code PDA and the current version is Rev. 1-26, printed in the bottom corner, so confirm you have that version before you write anything.
The petition is authorized under KRS 395.455, which allows a surviving spouse, child, or preferred-claim payer to collect a small estate, and KRS 391.030, the statute that sets the $30,000 personal property exemption for a surviving spouse or children. Two related rules can also apply: KRS 395.470, which lets all heirs dispense with administration by written agreement, and KRS 396.095, which governs the priority of creditor claims.
Plain English: if Grandma died with a $9,000 bank account, a paid-off car, and no will, her surviving spouse or only child can use this form to get those assets without hiring an administrator. The consequence of skipping the form is real. Banks will not release funds, the DMV will not retitle the car, and the property sits frozen. A common misconception is that AOC-830 handles everything in an estate. It does not. It only covers personal property such as cash, accounts, vehicles, and belongings. It cannot transfer real estate like a house or land, and trying to use it for real property will get your petition denied.
Before You Start: Documents and Information You Need
Gather everything below before you open the form. A petition with blanks or guesses invites questions from the clerk and slows your case. Filers who walk in prepared often leave the same day with a stamped, accepted petition.
- Certified death certificate. The court and the bank both need proof the person died; without it the clerk will not process the petition, and a hold stays on every account.
- The decedent’s full legal name and last address. This anchors the case to the right county; a wrong address can send your filing to the wrong court and waste weeks.
- Date of death and date of birth. Both appear at the top of page 1; a missing date of death makes the petition incomplete on its face.
- The decedent’s Social Security number. It identifies the estate, though you must redact it on the public copy under CR 7.03.
- A list of every personal asset with a dollar value. Item 5 demands values; guesses that push the estate over $30,000 can disqualify you from the form.
- Vehicle Identification Numbers (VINs). The form specifically requires the VIN for any car; leaving it out blocks the DMV transfer later.
- Receipts for funeral or other bills you paid. Item 7 requires you to attach receipts for preferred claims; no receipt means no credit for the bill.
- Names, ages, and addresses of heirs. If a will is involved or other children exist, the court needs to know who they are to confirm no one is cut out improperly.
- Signed waivers (Form AOC-831) from other heirs, if any. When siblings or a spouse step aside, their waiver must be filed with your petition or the judge cannot grant it.
- The filing fee. Counties charge a court cost to open the case; arriving without payment means the clerk cannot file your petition.
A quick note on the $30,000 figure: it is the value of the assets in Item 5 after you subtract the preferred claims in Item 7. So a $35,000 estate with $6,000 in funeral bills nets to $29,000 and still qualifies. Run that math before you file.
Where to Get the Form and How to Access It
The official, current form lives on the Kentucky Court of Justice website. Download Form AOC-830 (Rev. 1-26) directly as a fillable PDF, which you can type into on a computer before printing. Always pull the form from the court’s own site rather than a third-party PDF, because outside copies are often outdated and may use an old $15,000 limit or missing checkboxes.
You can also get a paper copy at the Circuit Court Clerk’s office in the county where the decedent lived. The clerk’s staff can hand you the form, though they are barred from giving legal advice or filling it in for you. If you prefer typing, the PDF has a Print Form and Reset Form button built in, which lets you fix errors before committing ink to paper.
If your case involves other heirs stepping aside, grab the companion Waiver form, AOC-831, at the same time. Filing the petition without the matching waiver is one of the top reasons judges hold a case. Plain English: think of AOC-830 as the main request and AOC-831 as the permission slips from everyone else who could have claimed the property. The consequence of forgetting a waiver is a delayed order and possibly a hearing you could have avoided.
Step-by-Step: How to Fill Out Form AOC-830 Line by Line
The petition is two pages. The top of page 1 holds the case caption and the decedent’s identity. Items 1 through 8 follow, then the verification, signature, and notary block. Work top to bottom and do not skip a field, even the ones that look obvious.
Caption Box: Case No., Court, County, Division
This top-right block asks for the Case No., Court, County, and Division. In plain English, it tells the court system where your case belongs. Leave Case No. blank because the clerk assigns it when you file; write District on the Court line, the county name on the County line, and leave Division for the clerk unless your county uses divisions.
For example, David Combs files in Fayette County and writes District for Court and Fayette for County, leaving Case No. empty. The nuance: a few large counties such as Jefferson use numbered divisions, so ask the clerk which division to list. A common mistake is inventing a case number, which confuses the clerk and can misfile your petition. The misconception here is that you must know your case number in advance; you do not, and the court fills it in.
Decedent Identity Block: Name, Address, Dates, SSN
This block at the top asks for the decedent’s Name, Address, Date of Death, Date of Birth, and SSN. It identifies the exact person whose estate you are settling. Enter the full legal name as it appears on the death certificate, the last home address, and dates in MM/DD/YYYY format, then add the Social Security number.
For example, Margaret R. Combs is entered as the decedent name, with a Date of Death of 02/14/2026 and Date of Birth of 07/09/1948. The nuance: the form marks Date of Birth and SSN with an asterisk because CR 7.03 requires you to redact these on the public copy, so file a full version and a redacted version. A common mistake is using a nickname like Peggy instead of the legal name, which can break the chain of title at the bank. The misconception is that the SSN is optional; the court needs it to identify the estate, even though it stays redacted from public view.
Petition Type: Box A or Box B
This line asks you to check one: Box A, Dispense with Administration, or Box B, Dispense with Administration and for Probate of Will. It tells the court whether a will is involved. Check Box A if there is no will, and check Box B if the decedent left a will that you also want admitted to probate.
For example, David Combs checks Box A because his mother died without a will. The nuance: if you check Box B, you must also complete Items 3 and 4 about the will and heirs. A common mistake is checking both boxes, which makes the petition contradictory and triggers a clerk rejection. The misconception is that this form replaces a will; it does not, and a will still controls who inherits when Box B applies.
Petitioner Name Line
The opening sentence reads, “Comes Petitioner, ______, and states as follows.” This is you, the person asking for the order. Write your own full legal name on this line, exactly as you will sign it later.
For example, David Combs writes David Combs on the petitioner line. The nuance: only a qualified person under KRS 395.455 may petition, so your name here must match a category you check in Item 6. A common mistake is listing the decedent’s name instead of your own, which voids the petition’s logic. The misconception is that anyone can be the petitioner; only a spouse, child, or preferred-claim payer qualifies.
Item 1: Testate or Intestate
Item 1 asks you to check one: the decedent died testate (with a Will) or intestate (without a Will), and confirms residence and date of death. This sets the legal path your case follows. Check intestate if there is no will, or testate if a will exists, matching whatever you chose in the Box A/Box B line.
For example, David Combs checks intestate because his mother left no will. The nuance: if you check testate here, your Box B selection above must also be checked, or the form contradicts itself. A common mistake is checking testate when an old, revoked will turns up; only a valid will counts. The misconception is that a handwritten note counts as a will; Kentucky has strict rules under KRS Chapter 394 for what qualifies.
Item 2: No Previous Administration
Item 2 is a sworn statement that “There has been no previous administration in Decedent’s estate in Kentucky or elsewhere.” In plain English, you are swearing no executor or administrator has already been appointed. You do not check or write anything; you simply confirm it is true by signing the petition.
For example, David Combs leaves Item 2 as printed because no one ever opened his mother’s estate. The nuance: if an estate was opened years ago in another state, you cannot truthfully sign this, and you must disclose it to the clerk. A common mistake is filing AOC-830 when a relative already started probate elsewhere, which is a false statement under oath. The misconception is that a prior power of attorney counts as administration; it does not, because a power of attorney dies with the person.
Item 3: Heirs at Law and Next of Kin
Item 3 asks you to check and complete the box only if Box B is checked, listing the surviving spouse, heirs at law, and next of kin known to you, each with Name, Relation, Age, and Address. It tells the court who could inherit under the will. Fill it in only for testate cases; if you filed under Box A, leave it blank.
For example, in a will case, Sarah Lin lists James Lin, Relation: spouse, Age: 61 and her two adult children with their addresses. The nuance: if you are the executor named in the will, the note says you only need to list the surviving spouse. A common mistake is leaving heirs out to speed things up, which can void the order if a missing heir later objects. The misconception is that Item 3 is required for every filing; it is required only when a will is involved.
Item 4: Application for Probate of Will
Item 4 applies if Box B is checked and asks you to check one: the original will is offered this date or will be offered without delay. It formally asks the court to accept the will. Skip this entirely for intestate Box A cases; complete it only when a will exists.
For example, Sarah Lin checks offered this date and hands the original will to the clerk. The nuance: courts strongly prefer the original signed will, not a copy, because a missing original raises a presumption the decedent destroyed it. A common mistake is offering a photocopy, which can trigger a contested hearing. The misconception is that a will must be notarized to be valid; Kentucky wills need witnesses, not always a notary.
Item 5: List of Assets and Values
Item 5 asks you to list the assets the decedent left, with the Property Description and Approximate Value for each, and the VIN number for any vehicle. This is the heart of the petition because it proves the estate is small. List each asset on its own line with an honest dollar value, and include the full VIN for cars.
For example, David Combs writes Checking account, First Federal Bank — $8,200.00 on one line and 2014 Honda Civic, VIN 1HGFB2F50EE000000 — $9,500.00 on the next. The nuance: use date-of-death values, and if you run out of lines, the form says to use additional paper. A common mistake is lumping everything as “household items,” which the judge cannot verify and may reject. The misconception is that you should list real estate here; you must not, because AOC-830 cannot transfer a house or land.
Item 6: Your Relationship to the Decedent
Item 6 asks you to check all that apply to describe your relationship: surviving spouse, only surviving child, surviving child (other children have signed a waiver AOC-831), person who has paid preferred claim(s) (no surviving spouse), person who has paid preferred claim(s) (surviving spouse has signed a waiver AOC-831), or assignee of preferred claim(s). This proves you are legally allowed to file. Check the one box that fits your situation.
For example, David Combs checks only surviving child because he is an only child and his father predeceased his mother. The nuance: if you have siblings, you cannot check “only surviving child” and must instead file their waivers and check the third box. A common mistake is a spouse checking “surviving child,” which mislabels your legal standing and can void the order. The misconception is that a grandchild or sibling can file freely; they generally cannot unless they paid a preferred claim or all closer heirs waive.
Item 7: Preferred Claims You Paid
Item 7 asks you to list preferred claim(s) you paid or were assigned, broken into a. Cost and expenses of administration, b. Funeral expenses, c. Debts and taxes with preference under federal and Kentucky law, and d. Other, each with the Payee and Amount, and to attach receipts. It credits you for bills you covered. Fill in only the lines that apply and staple your receipts.
For example, a funeral home operator, Tony Marsh, who paid nothing but is collecting, leaves this blank, while Linda Pace, who paid $7,400.00 to Greenlawn Funeral Home, writes that on line b and attaches the invoice. The nuance: preferred claims under KRS 396.095 get paid before ordinary debts, so funeral costs rank high. A common mistake is claiming a bill without a receipt, which the court will not credit. The misconception is that any debt counts as preferred; only the categories listed in statute do.
Item 8: The Request and the $30,000 Math
Item 8 states that because the total value of assets in Item 5, minus the preferred claims in Item 7, is less than or equal to $30,000.00 (or because the assets are less than or equal to the preferred claims paid), you ask the court to dispense with administration and transfer the property to you or your designee. You complete the designee blank only if someone else should receive the property.
For example, David Combs leaves the designee blank because the property goes to him; his net estate of $17,700.00 sits well under the cap. The nuance: the form offers two paths to qualify, the $30,000 net path and the “assets less than claims paid” path, so a preferred creditor can qualify even on a larger gross estate. A common mistake is filing when the net value tops $30,000, which forces full administration. The misconception is that the $30,000 limit applies to the gross estate; it applies after you subtract preferred claims.
Verification, Signature, and Notary Block
The bottom of page 2 holds the Petitioner verifies statement, your Signature, Phone No., printed Name, Address, and Email, followed by the Subscribed and sworn to notary block. This is where you swear the petition is true. Sign only in front of a notary, who then completes the commission expiration and notary ID lines.
For example, David Combs signs in front of a bank notary, who writes Subscribed and sworn to before me by David Combs on 03/05/2026 in the county of Fayette, Kentucky. The nuance: an attorney who prepared the form completes the separate CR 11 attorney block, but pro se filers leave that blank. A common mistake is signing at home before seeing the notary, which invalidates the oath. The misconception is that a witness can replace a notary; it cannot, because the statement must be sworn under oath.
Three Filled-Out Examples Using Real Scenarios
Below are three common fact patterns. Each follows one person through the petition so you can see what goes in each major field.
Scenario 1: Surviving Spouse, No Will
James Lin’s wife died without a will, leaving a bank account and a car. He files as the surviving spouse to collect both.
| Form Section | What James Enters |
|---|---|
| Petition Type | Checks Box A, Dispense with Administration |
| Decedent Name | Mei Lin |
| Date of Death | 01/22/2026 |
| Item 1 | Checks intestate |
| Item 5 — Asset 1 | Joint checking, Bluegrass Bank — $11,000.00 |
| Item 5 — Asset 2 | 2016 Toyota Camry, VIN 4T1BF1FK0GU000000 — $12,500.00 |
| Item 6 | Checks surviving spouse |
| Item 7 | Leaves blank, no preferred claims paid |
| Item 8 | Net value $23,500.00, under $30,000; designee blank |
Scenario 2: Only Surviving Child, Intestate
David Combs is the only child of his late mother, who died with no will and no surviving spouse. He collects her small estate.
| Form Section | What David Enters |
|---|---|
| Petition Type | Checks Box A |
| Decedent Name | Margaret R. Combs |
| Date of Death | 02/14/2026 |
| Item 1 | Checks intestate |
| Item 5 — Asset 1 | Checking account, First Federal Bank — $8,200.00 |
| Item 5 — Asset 2 | 2014 Honda Civic, VIN 1HGFB2F50EE000000 — $9,500.00 |
| Item 6 | Checks only surviving child |
| Item 7 | Leaves blank |
| Item 8 | Net value $17,700.00; designee blank |
Scenario 3: Preferred Creditor Who Paid the Funeral
Linda Pace runs a funeral home and paid nothing herself, but the family could not pay, so she paid the burial and files as the person who paid a preferred claim where there is no surviving spouse.
| Form Section | What Linda Enters |
|---|---|
| Petition Type | Checks Box A |
| Decedent Name | Roy T. Allen |
| Date of Death | 03/01/2026 |
| Item 1 | Checks intestate |
| Item 5 — Asset 1 | Savings account, Commonwealth Credit Union — $5,800.00 |
| Item 6 | Checks person who has paid preferred claim(s) (no surviving spouse) |
| Item 7 — line b | Funeral expenses, Greenlawn Funeral Home — $7,400.00, receipt attached |
| Item 8 | Assets ($5,800) less than claims paid ($7,400); designee blank |
How to File the Completed Form
You file the completed AOC-830 with the Circuit Court Clerk for the District Court in the county where the decedent lived at death. Kentucky does not offer statewide online filing for this petition, so plan to file in person or by mail.
- In person. Take the signed, notarized petition, a certified death certificate, any receipts, and any AOC-831 waivers to the clerk’s office at the county courthouse. Bring two copies so the clerk can stamp one for your records. Pay the court cost at the counter; counties commonly accept cash, check, or money order, and some take cards. Keep your stamped copy as proof of filing.
- By mail. Mail the signed, notarized original, your attachments, and a check or money order for the fee to the District Court clerk in the decedent’s county. Include a self-addressed stamped envelope so the clerk can return a stamped copy. Use certified mail so you have proof of delivery.
Court costs vary by county and change over time, so call the clerk or check the Kentucky Court of Justice site for the current amount before you go. Processing is often quick, sometimes the same week, because a judge can sign the order without a hearing when the petition is clean. Your proof of filing is the clerk’s date stamp, and your proof of approval is the signed Order to Dispense with Administration.
What Happens After You File
After filing, a District Judge reviews your petition. If the statements check out and the math fits under KRS 395.455, the judge signs an order dispensing with administration and authorizing transfer of the listed property to you. Many counties approve clean petitions without scheduling a hearing.
Once you hold the signed, certified order, take it to each institution holding the assets. The bank releases the account funds, the Kentucky Transportation Cabinet retitles the vehicle into your name, and any other holder turns over the property. Bring a certified copy of the order plus your photo ID to each stop.
Be aware that the order does not erase the decedent’s debts. Creditors may still pursue valid claims, and under KRS 396.095 certain claims like funeral costs and taxes get paid first. Plain English: you collected the property, but if a legitimate bill surfaces, you may have to use those assets to pay a preferred creditor. The consequence of ignoring a valid claim is personal exposure, so set aside enough to cover known debts before spending anything.
Mistakes to Avoid When Filling Out the Form
- Using an old form version. An outdated PDF may show a $15,000 limit, and the clerk will reject it for not matching the current Rev. 1-26.
- Listing real estate in Item 5. AOC-830 cannot transfer a house or land, so the judge will deny a petition that tries.
- Letting net value exceed $30,000. If assets minus preferred claims top the cap, the court forces full administration.
- Signing before reaching the notary. An oath signed at home is invalid, and the clerk will refuse the petition.
- Checking both Box A and Box B. Contradictory boxes make the petition incoherent and trigger rejection.
- Forgetting AOC-831 waivers. Without waivers from other heirs, the judge cannot grant the order.
- Claiming a bill with no receipt. Item 7 requires attached receipts, and unsupported claims get no credit.
- Omitting the VIN. A missing VIN blocks the later vehicle retitling at the DMV.
- Using a nickname instead of the legal name. Name mismatches break the chain of title at the bank.
- Failing to redact SSN and birth date. CR 7.03 requires redaction on the public copy, and noncompliance exposes private data.
- Filing in the wrong county. The petition belongs in the decedent’s county of residence, not yours.
- Guessing asset values. Inflated or vague values can push you over the limit or invite the judge’s questions.
Do’s and Don’ts
Do’s
- Do download the current form from the Court of Justice site, because outside copies are often outdated.
- Do use date-of-death values for each asset, since that is the value the court measures against the cap.
- Do attach every receipt for preferred claims, because Item 7 will not credit unsupported bills.
- Do file in the decedent’s county, because that District Court has jurisdiction over the estate.
- Do bring extra copies to the clerk, so you leave with a date-stamped proof of filing.
- Do redact private data on the public copy, because CR 7.03 requires it.
Don’ts
- Don’t list a house or land, because this form covers only personal property.
- Don’t sign before the notary, because an unsworn signature voids the petition.
- Don’t skip heir waivers, because a missing AOC-831 stalls the whole case.
- Don’t inflate asset values, because that can push the estate past $30,000 and into full probate.
- Don’t check “only surviving child” if you have siblings, because that misstates your standing under oath.
- Don’t spend the assets before clearing debts, because preferred creditors can still come after the property.
Pros and Cons of Filing on Your Own vs. With Help
Pros of filing pro se
- It saves money, because you avoid attorney fees on an estate that may be only a few thousand dollars.
- It is fast, since a clean petition can be approved the same week without a hearing.
- The form is short, just two pages with eight items, so most filers can manage it.
- You stay in control, handling each bank and the DMV directly with the signed order.
- Court staff can guide procedure, telling you where and how to file even if they cannot give legal advice.
Cons of filing pro se
- Mistakes cause rejection, and a wrong box or missing waiver sends you back to the clerk.
- Heir disputes get messy, because a contested estate can quickly outgrow a self-filed petition.
- You may misjudge the limit, since the $30,000 net math trips up many filers.
- Creditor claims carry risk, and missing a preferred claim under KRS 396.095 can expose you personally.
- Real estate needs more, so any house or land forces you into a process this form cannot handle.
AOC-830 vs. Full Administration
| Feature | Petition to Dispense (AOC-830) |
|---|---|
| Estate size | Net personal property at or under $30,000 |
| Property covered | Personal property only, no real estate |
| Court oversight | Single order, often no hearing |
| Who can file | Spouse, child, or preferred-claim payer |
| Speed | Often days to a week |
FAQs
Is the Kentucky small estate affidavit the same as Form AOC-830?
Yes. The “small estate affidavit” is the common nickname for Kentucky’s Petition to Dispense with Administration, Form AOC-830, filed in District Court under KRS 395.455.
Can I use AOC-830 to transfer a house?
No. The form covers only personal property such as accounts, vehicles, and belongings; real estate must pass through full probate or a different process.
What is the dollar limit for a Kentucky small estate?
Yes, there is a limit: the net value of assets in Item 5 minus preferred claims in Item 7 must be at or under $30,000.00 under KRS 391.030.
Do I write my own name or the decedent’s on the petitioner line?
Yes, write your own full legal name on the petitioner line, because you are the person asking the court for the order, not the decedent.
In Item 6, can I check “only surviving child” if I have a brother?
No. With siblings, you must file their waivers on Form AOC-831 and check the “other children have signed a waiver” box instead.
Do I check Box A or Box B in the petition type?
No single answer fits all: check Box A if there is no will, and Box B if a valid will exists that you want admitted to probate.
Should I list real estate value in Item 5?
No. Item 5 is for personal property only; listing a house or land will get your petition denied.
Can I sign the form at home and bring it in later?
No. You must sign in front of a notary, because the verification is a sworn oath that the notary must witness.
Do I need receipts for funeral costs in Item 7?
Yes. The form requires you to attach receipts for any preferred claim, or the court will not credit the amount you paid.
Can a funeral home or creditor file this form?
Yes. A person who paid a preferred claim, like a funeral home, may file and check the preferred-claim box in Item 6.
Is a hearing required to get the order?
No, usually not; a District Judge can sign the order to dispense with administration without a hearing when the petition is clean.
Where do I file the completed AOC-830?
Yes, there is a set place: file with the Circuit Court Clerk for the District Court in the county where the decedent lived at death.
Do I have to redact the Social Security number?
Yes. Under CR 7.03 you must redact the SSN and date of birth on the public copy, while filing a full version for the court.
Can I name someone else to receive the property?
Yes. Item 8 includes a designee blank, so you can direct the transfer to another person when appropriate.
Related reading
- How to Fill Out Kentucky Form AOC-805 (w/Examples) + FAQs
- How to Fill Out Kentucky Form AOC-846 (w/Examples) + FAQs
- How to Fill Out Arkansas Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out a Kansas Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out the Kentucky Final Account and Petition for Distribution (Form AOC-846)
- How to Fill Out Kentucky Inventory and Appraisement of the Estate (Form AOC-841) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs