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.
KY · District Court
Kentucky
Small-estate-affidavit threshold and procedure under § KRS § 395.455.
Verified 2026-05-04
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 AdministrationKentucky Administrative Office of the Courts form.
Statute
§ KRS § 395.455
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46966transfer of assets without administration