Skip to content

KY · District Court

Kentucky

Small-estate-affidavit threshold and procedure under § KRS § 395.455.
Verified 2026-05-04Threshold band: mid

Personal property

$30,000

statutory cap

No mandatory wait

60-day wait claim in design data not corroborated by primary source — UNVERIFIED, attorney must confirm.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Kentucky's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property

Passes by right of survivorship.

Community property w/ ROS

Vests in surviving spouse.

Beneficiary-designated

Life insurance, IRAs, 401(k)s.

TOD / POD accounts

Bank, brokerage, vehicle titles.

Living trust assets

Distributed by the trust, not the will.

Wages owed to surviving spouse

Often a separate path.

State note: 60-day wait claim in design data not corroborated by primary source — UNVERIFIED, attorney must confirm.

Real property

Excluded — personal property only

Largely excludes real property; § 395.455 dispense-with-administration is for personal estate.

03

Where to file

File with the District Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Kentucky judicial system operates an authoritative court locator.

Find your county’s District Court via the Kentucky judicial council website. Search for “Kentucky District Court county locator” or visit the state government court directory.

04

Form & statute

Form

  • AOC-830 Petition to Dispense with Administration
    Kentucky Administrative Office of the Courts form.

Statute

§ KRS § 395.455
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46966
transfer of assets without administration