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Do All Estates Have to Go Through Probate in Kentucky? Most estates will need to go through probate in Kentucky. Unless they are part of a living trust, they will need to follow the probate process. Kentucky does allow for a simplified process for smaller estates.
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.
Is Probate Necessary? Probate is not always necessary, but it may be desirable to prevent problems and fraud. In Kentucky, estates with greater than $30,000 in probate assets are typically subject to probate and must be administered through the probate courts.
Dispensing With Administration The law allows certain individuals to ask a District Court judge to direct the transfer of estate assets without the need for further court proceed- ings. KRS 395.450. This is known as dispensing with administration.
Download Kentuckys Form AOC-830. Locate the decedents will and collect information regarding the estates debts and assets. Fill out Form AOC-830. Get the form docHubd if there are multiple surviving children who are filing, they must all swear and sign the petition before a notary.
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Without a Will Normally an heir to the estate under intestate succession law would ask the Probate Court to be appointed as the Administrator. Once probate begins, the estate must remain open for a minimum of six months under Kentucky law before any distributions to heirs can take place.

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