Settle a small estate in Kentucky without probate

In Kentucky this is called: Petition to dispense with administration (transfer of assets without administration); surviving spouse's exemption. Kentucky has no small estate affidavit that you give straight to a bank. Instead, if the person's probate assets, minus preferred claims such as funeral costs, are worth no more than the $30,000 exemption for the surviving spouse (or, if none, the children), the District Court can order that no administration is needed and transfer the assets.

Up to $30,000 (deaths on or after July 15, 2020), filed with a court.

Checked against official sources: October 30, 2026.

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Free tools

Small estate checker

Add up the estate and compare it with the Kentucky limit for the date of death.

Balance request letter

Ask a bank or holder for the balance on the date of death.

What-to-gather checklist

Papers, steps, forms and fees for Kentucky, by procedure.

Car, bank, house in Kentucky

Car or other vehicle

Kentucky vehicle titles are handled by the county clerk using the Application for Kentucky Certificate of Title or Registration (TC 96-182).

Bank accounts

Accounts with a payable-on-death beneficiary or a surviving joint owner pass outside probate. For an account in the person's name alone, the bank needs a court paper: an order dispensing with administration, an order setting apart the spouse's exemption, or letters of a personal representative.

Related pages

Petition to Dispense with Administration (KRS 395.455; form AOC-830)

A short petition to the District Court. If the court grants it, the court orders that no estate needs to be opened and that the listed personal property, such as bank accounts and vehicles, be transferred to the surviving spouse, the children, or the person who paid the funeral and other preferred bills.

Limit

Up to $30,000 (deaths on or after July 15, 2020) Counted after subtracting liens (what is owed on the property).

Date of deathLimit
On or after July 15, 2020
$30,000
On or before July 14, 2020
$15,000

The person's probate assets, minus the preferred claims paid (such as funeral and administration costs), can be worth no more than $30,000, the amount of the surviving spouse's or children's exemption. A person who has paid preferred claims can also use it if the assets are worth no more than the claims paid. Before July 15, 2020, the exemption was $15,000.

What counts

The value of the person's probate assets, minus preferred claims that the spouse, children or petitioner paid (such as administration costs and funeral expenses), compared with the $30,000 spouse-and-children exemption. Alternatively, the assets cannot be worth more than the preferred claims the petitioner paid.

Waiting period

The law sets no waiting period.

Who can use it

The surviving spouse; if there is no spouse, the surviving children; or a person who paid preferred claims, or the assignee of those claims, if there is no spouse or the spouse or children waived the exemption. The court can order the assets transferred to a person the spouse designates.

Court or where to file

The District Court of the county where the person lived (the court that would handle the estate).

Notary

The petition is verified and sworn before a notary.

Papers to attach
  • Certified death certificate (the court clerk usually asks for it)
  • List of the assets and their approximate values, with the VIN of any vehicle
  • Receipts for the preferred claims paid, such as funeral bills
  • Waivers (AOC-831) from other children or from the spouse, if needed
  • The original will, if there is one and you ask the court to probate it at the same time
Steps
  1. List the person's probate assets and their values.
  2. Gather receipts for funeral and other preferred claims you paid.
  3. Fill in form AOC-830 and sign it before a notary; attach any AOC-831 waivers.
  4. File it with the District Court clerk in the county where the person lived and pay the court costs.
  5. If the judge grants it, take certified copies of the order to the bank, the county clerk (for vehicles) and other holders.
Fee

Court costs are charged when you file; ask the District Court clerk.

Law: KRS 395.450, 395.455, 391.030 (KRS 395.455 as amended by 2026 Ky. Acts ch. 134, effective July 15, 2026)

Source: Official page

Surviving spouse's exemption and bank withdrawal (KRS 391.030)

The surviving spouse (or, if none, the children) is entitled to have up to $30,000 of the person's personal property or money set apart by the District Court, free from distribution and sale. Before that, the spouse can ask the judge for an order to withdraw up to $2,500 from the person's bank account.

Limit

Up to $30,000 (deaths on or after July 15, 2020)

Date of deathLimit
On or after July 15, 2020
$30,000
On or before July 14, 2020
$15,000

Up to $30,000 of personal property or money can be set apart for the surviving spouse, or for the children if there is no spouse. The spouse may withdraw up to $2,500 from a bank with a court order before the exemption is set apart. Before July 15, 2020, the exemption was $15,000.

What counts

Personal property or money on hand or in a bank, up to the amount of the exemption.

Waiting period

The law sets no waiting period.

Who can use it

The surviving spouse; if there is no surviving spouse, the surviving children. The $2,500 bank withdrawal is for the surviving spouse only.

Court or where to file

The District Court that has jurisdiction over the estate.

Steps
  1. Ask the District Court for an order setting apart the exemption, choosing the personal property up to $30,000.
  2. If money is needed sooner, the spouse can petition the judge for an order allowing a bank withdrawal of up to $2,500.
  3. Give the order to the bank; the bank lodges it with the circuit clerk with the amount withdrawn.
Fee

Ask the District Court clerk.

What the bank or holder must do

On a court order, the bank must let the surviving spouse withdraw the sum ordered, up to $2,500.

Law: KRS 391.030

Source: Official page

What counts toward the limit in Kentucky

Add up the person's probate assets (property in the person's name alone that has no beneficiary or survivor). Subtract the preferred claims that were paid, such as funeral and administration costs. Compare the result with the $30,000 exemption.

Law: KRS 391.030, 395.455

In this state the total is counted after subtracting liens.

Kind of propertyHow it is treatedDetails
Bank accounts in the person's name alone
Counts

Accounts in the person's name alone count.

Law: KRS 395.455; form AOC-830

Joint or payable-on-death (POD) bank accounts
Left out

Accounts that pass to a payable-on-death beneficiary or a surviving joint owner are nonprobate transfers and are not listed as estate assets.

Law: KRS 391.360; form AOC-830

Cars and other vehicles
Counts

Vehicles in the person's name count and are listed on the petition with their VIN.

Law: Form AOC-830

Boats and mobile or manufactured homes
Not clear

The law does not separately address boats or mobile homes.

Law: KRS 395.455

Real estate in Kentucky
Not clear

The petition lists personal property to be transferred. The law does not say how real estate is treated in this procedure; real estate passes to heirs under the inheritance law.

Law: KRS 395.455, 391.010; form AOC-830

Main home (primary residence)
Not clear

The law does not say how the home is treated in this procedure.

Law: KRS 395.455

Real estate in another state
Not clear

The law does not address property in other states.

Law: KRS 395.455

Unpaid wages owed to the person
Counts

Money owed to the person is a probate asset and counts.

Law: KRS 395.455

Military pay owed to the person
Not clear

The law does not separately address military pay owed to the person.

Law: KRS 395.455

Life insurance or retirement money paid to a named person
Left out

Insurance, pension and retirement money paid to a named beneficiary is a nonprobate transfer and is not an estate asset.

Law: KRS 391.360

Life insurance or retirement money paid to the estate
Counts

Insurance or retirement money payable to the estate is a probate asset and counts.

Law: KRS 395.455

Property in a living trust
Left out

Property in a trust passes under the trust, not through probate.

Law: KRS 391.360

Property owned jointly with right of survivorship
Left out

Property owned with right of survivorship passes to the surviving owner.

Law: KRS 391.360; KRS 392.020(2)(b)

Property going to a surviving spouse
Counts

Assets going to the surviving spouse count. The $30,000 limit is itself the spouse's (or children's) exemption, so it is not subtracted a second time.

Law: KRS 391.030, 395.455(1), (4)

Stocks, bonds and brokerage accounts
Counts

Stocks and bonds in the person's name alone, with no transfer-on-death beneficiary, count.

Law: KRS 395.455

Furniture, jewelry and other belongings
Counts

Household goods and other belongings count at their value.

Law: KRS 391.030, 395.455

Source: Official page

Car or vehicle title after a death in Kentucky

Kentucky vehicle titles are handled by the county clerk using the Application for Kentucky Certificate of Title or Registration (TC 96-182). For a person who died, the clerk needs court papers showing who may transfer the vehicle, such as the District Court order dispensing with administration (which lists the vehicle by VIN) or letters of a personal representative.

Law: KRS 395.455; form AOC-830; KYTC form TC 96-182

Agency
County clerk (Kentucky Transportation Cabinet, Division of Motor Vehicle Licensing)
Form
TC 96-182 Application for Kentucky Certificate of Title or Registration (Rev. 06/2026)
Fee

The county clerk charges title and transfer fees.

Source: Official page

Bank accounts after a death in Kentucky

Accounts with a payable-on-death beneficiary or a surviving joint owner pass outside probate. For an account in the person's name alone, the bank needs a court paper: an order dispensing with administration, an order setting apart the spouse's exemption, or letters of a personal representative. A surviving spouse can get a court order to withdraw up to $2,500 from the person's account before the exemption is set apart.

Law: KRS 391.030, 391.360, 395.455

Source: Official page

Transfer-on-death (TOD) and payable-on-death (POD) in Kentucky

Real estate (TOD deed)

No

Kentucky law does not provide a transfer on death deed. A 2026 bill to create one (Senate Bill 34) passed the Senate but did not pass the House. Real estate can pass outside probate by joint ownership with right of survivorship or a trust.

Law: 2026 Ky. SB 34

Vehicle title (TOD)

No

Law: 2026 Ky. SB 34

Bank account (POD)

Yes

Law: KRS 391.360

Securities (TOD)

Yes

Law: KRS 391.360

Source: Official page

Surviving spouse in Kentucky

The surviving spouse (or, if none, the children) is entitled to $30,000 of personal property or money, set apart by the District Court free from distribution and sale; the spouse can get an order to withdraw up to $2,500 from a bank first. Where that exemption plus preferred claims equals or exceeds the assets, the court can dispense with administration. The spouse also has a dower or curtesy interest: an absolute one-half of the surplus personal property (which, for deaths on or after July 15, 2026, includes payable-on-death, beneficiary-designated and survivorship assets, but not life insurance) and a life estate in one-third of real estate owned during the marriage but not at death.

Debts of the person in Kentucky

Preferred claims, such as administration costs and funeral expenses, are paid first; a person who paid them can ask the court to transfer the assets to them. Personal property passing by intestacy is distributed only after funeral expenses, administration charges and debts are paid.

Law: KRS 396.095; KRS 391.030

Medicaid estate recovery in Kentucky

Medicaid asks the estate to repay costs for a person 55 or older who received nursing facility, ICF/IID or home and community-based waiver services, or a person who was in a nursing facility or ICF/IID for six months. Recovery is not done if there is a surviving spouse, a child under 21, or a blind or disabled child. It can also be waived for hardship, when the total assessed value is $10,000 or less, or when recovery is not cost effective. The estate representative must write to the Department with documentation to ask for a waiver. After the death, call the Third-Party Liability Branch.

Law: 907 KAR 1:585; DMS form MAP-708 (R 2/2019)

Agency
Kentucky Cabinet for Health and Family Services, Department for Medicaid Services, Third-Party Liability Branch
Phone
(502) 564-4958
Official page
Official page

Who inherits with no will in Kentucky

For deaths on or after July 15, 2026: the surviving spouse inherits everything if the person left no descendants, or if all the person's descendants are also the spouse's and the spouse has no other descendants; otherwise the spouse inherits half. The rest, or everything if there is no spouse, goes to children and their descendants, then to parents, then to brothers and sisters and their descendants, then half to the father's side and half to the mother's side (grandparents, then aunts and uncles), then to stepchildren. The spouse also has the dower or curtesy share described above.

Law: KRS 391.010, 392.020 (as amended by 2026 Ky. Acts ch. 134, SB 50, effective July 15, 2026)

Source: Official page

Death certificates in Kentucky

Order by mail with form VS-31, by phone at (800) 241-8322, or online through VitalChek. A certified copy costs $6, and each additional copy is $6; phone and online orders add a card fee. The fee is a non-refundable search fee.

Law: Kentucky Office of Vital Statistics, form VS-31 (Rev. 12.20.2023)

Where to get it
Kentucky Office of Vital Statistics, 275 East Main Street 1E-A, Frankfort, KY 40621; (502) 564-4212
Official page
Official page

Where to file in Kentucky

The petition to dispense with administration (AOC-830) and a request to set apart the spouse's exemption are filed with the District Court clerk in the county where the person lived. Certified copies of the court's order are then given to banks, the county clerk (for vehicle titles) and other holders.

Good to know in Kentucky

  • Kentucky has no small estate affidavit; the shortcut is a District Court order dispensing with administration when the assets, after preferred claims, do not exceed the $30,000 spouse-and-children exemption.
  • For deaths on or after July 15, 2026, a surviving spouse inherits ahead of the person's parents and siblings.
  • Kentucky has no transfer on death deed; a 2026 bill to create one was not enacted.

Changes in 2024–2026

2026 Ky. Acts ch. 134, signed April 13, 2026, effective July 15, 2026: rewrote intestate succession so the surviving spouse takes all or half of the estate ahead of parents and siblings; revised dower/curtesy so the spouse's one-half of surplus personalty includes POD, TOD, beneficiary-designated and survivorship assets (not life insurance); amended KRS 395.455 (dispensing with administration) and 395.470 (dispensing by agreement now available only after probate, appointment of a personal representative and advertisement for creditors). Form AOC-830 revised 1-26. SB 34 (2026, transfer on death deeds and vehicle TOD) passed the Senate but stalled in the House.

Law: SB 50; KRS 391.010; KRS 392.020

National rules that apply in every state

Federal estate tax

  • For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
  • Most estates owe no federal estate tax and do not need to file a federal estate tax return.

Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)

The final income tax return

  • Report all income up to the date of death and claim all eligible credits and deductions.
  • Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
  • To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).

Law: Form 1310 instructions (Rev. December 2025)

More →

Social Security

  • Social Security retirement benefits are paid through the month before the month the person died.
  • If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.

Law: 42 U.S.C. 402(a), 402(i)

Savings bonds

  • If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.

Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)

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Debts

  • Debts are generally paid from the money and property the person left (the estate).
  • If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
  • You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.

Law: 12 CFR 1006.6(a)(4)

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A house with a mortgage

  • For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
  • Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
  • Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/

Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31

FDIC insurance on bank accounts

  • After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.

Law: 12 CFR 330.3(j)

Medicaid estate recovery

  • States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
  • The 'estate' includes at least the property in the person's probate estate under state law.
  • Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html

Law: 42 U.S.C. 1396p(b)

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Death certificates

  • Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.

Free help in Kentucky

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.

More help on our sister sites

Questions about small estates in Kentucky

What is a small estate affidavit called in Kentucky?

In Kentucky this is called: Petition to dispense with administration (transfer of assets without administration); surviving spouse's exemption. Kentucky has no small estate affidavit that you give straight to a bank. Instead, if the person's probate assets, minus preferred claims such as funeral costs, are worth no more than the $30,000 exemption for the surviving spouse (or, if none, the children), the District Court can order that no administration is needed and transfer the assets.

What is the small estate limit in Kentucky?

Up to $30,000 (deaths on or after July 15, 2020), filed with a court.

How long do I wait in Kentucky?

The law sets no waiting period.

Do I have to go to court in Kentucky?

The District Court of the county where the person lived (the court that would handle the estate).

How do I transfer a car after a death in Kentucky?

Kentucky vehicle titles are handled by the county clerk using the Application for Kentucky Certificate of Title or Registration (TC 96-182). For a person who died, the clerk needs court papers showing who may transfer the vehicle, such as the District Court order dispensing with administration (which lists the vehicle by VIN) or letters of a personal representative.

What happens to a bank account after a death in Kentucky?

Accounts with a payable-on-death beneficiary or a surviving joint owner pass outside probate. For an account in the person's name alone, the bank needs a court paper: an order dispensing with administration, an order setting apart the spouse's exemption, or letters of a personal representative.

Who inherits in Kentucky if there is no will?

For deaths on or after July 15, 2026: the surviving spouse inherits everything if the person left no descendants, or if all the person's descendants are also the spouse's and the spouse has no other descendants; otherwise the spouse inherits half.

Do I owe the person's debts in Kentucky?

Preferred claims, such as administration costs and funeral expenses, are paid first; a person who paid them can ask the court to transfer the assets to them. Personal property passing by intestacy is distributed only after funeral expenses, administration charges and debts are paid.