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KRS §395.450. This is known as dispensing with administration. A Petition to Dispense With Administration, which is form AOC-830, may be filed whether a person dies with or without a will, by the follow- ing individuals in the following priority: Surviving Spouse.
A Kentucky small estate affidavit, legally titled the 'Petition to Dispense with Administration' or Form AOC-830, can be used to avoid the hassles of probate while distributing the assets of a small estate.
If the estate is $30,000 or less, and there is no real estate, then either the surviving spouse, surviving child or a preferred creditor may file a petition to dispense with administration of probate.
Filing Independently Download Kentucky's Form AOC-830. Locate the decedent's will and collect information regarding the estate's debts and assets. Fill out Form AOC-830. Get the form notarized ? if there are multiple surviving children who are filing, they must all swear and sign the petition before a notary.
Unlike most other states, Kentucky utilizes the ?dower and curtesy? inheritance structure. If a spouse dies without a will, the spouse receives the dower share, but not the entire estate. Because of these laws, you'll want to consider a will to designate how you want your assets distributed, despite being married.
Kentucky has a lenient time requirement for probate. ing to the Kentucky Revised Statutes 395.010, it must be completed within 10 years after the person's death. However, it is better to file soon after the person's death and to complete the probate process as quickly as possible.