Petition/order To Dispense With Administration (Surviving Spouse/children/preferred Creditor)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition/order To Dispense With Administration (Surviving Spouse/children/preferred Creditor) is a commonly used form within Kentucky. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition/order To Dispense With Administration (Surviving Spouse/children/preferred Creditor)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition/order To Dispense With Administration (Surviving Spouse/children/preferred Creditor):

• This form pertains to the State of Kentucky

• The current version of this form was last revised on December 1, 2016

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Kentucky’s Form AOC-830 - Petition/order To Dispense With Administration (Surviving Spouse/children/preferred Creditor) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Kentucky form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Kentucky probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form AOC-830, take a break, and then review. Probate and estate settlement processes in KY are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form AOC-830 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form AOC-830 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition/order To Dispense With Administration (Surviving Spouse/children/preferred Creditor) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Kentucky.

5 reasons you should submit AOC-830 as quickly as possible:

1. The sooner you begin, the faster Kentucky can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Kentucky. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Kentucky is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Kentucky probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Kentucky probate clerk or court for exact answers regarding Form AOC-830, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition/order To Dispense With Administration (Surviving Spouse/children/preferred Creditor) is one of the many probate court forms available for download through Atticus.

It may also be available through some Kentucky probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Kentucky.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form AOC-830 - Petition/order To Dispense With Administration (Surviving Spouse/children/preferred Creditor) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Kentucky probate court office.

Petition/order To Dispense With Administration (Surviving Spouse/children/preferred Creditor) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Kentucky-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Kentucky Form AOC-830 - Petition/order To Dispense With Administration (Surviving Spouse/children/preferred Creditor). You can use this to get an idea of the context of the form and what type of information is needed.

lex et justitia C O M M O N W E A L T H O F K E N T U C K Y C O U R T O F J U S T I C E Case No. ____________________ Court ____________________ County ____________________ Division ____________________ District/Probate AOC-830 Doc. Code: PDA & ODA Rev. 12-16 Page 1 of 2 Commonwealth of Kentucky Court of Justice www.courts.ky.gov KRS 391.030; 394.145; 395.455; 396.095 Petition/order to disPense With AdministrAtion (Surviving Spouse/Children/Preferred Creditor) IN RE: Estate of _______________________________________________________________________ Address: ________________________________________ Date of Death: _____________________________ ________________________________________ ________________________________________ Date of Birth: _____________________________ Social Security Number: ____________________________ PETITION Comes the Petitioner, being first duly sworn, and states as follows: 1. Decedent died [ ] testate [ ] intestate with residence at the above listed address and on the above date. 2. At the time of death, decedent left no estate to be administered with the exception of the following assets (include value for each asset listed): _____________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 3. In relation to the above named decedent, I am the (check all that apply) [ ] surviving spouse [ ] only surviving child [ ] surviving child whose surviving siblings have signed a waiver herein or attached a waiver [ ] preferred creditor [ ] preferred creditor of the decedent whose surviving spouse has signed a waiver herein or attached a waiver [ ] assignee of the preferred creditor. 4. [ ] (check if applicable) Petitioner applies for Probate of Decedent's Will, filed herewith, which is his/her Last Will and Testament. 5. As a preferred creditor/assignee of decedent, I have paid the following claim(s) against the estate in the following order Claim Payee Amount a. Cost and Expenses of Administration __________________________________ ____________ b. Funeral expenses __________________________________ ____________ c. Debts and taxes with preference under federal and Kentucky Law __________________________________ ____________ d. Other __________________________________ ____________ 6. I certify that there has been no previous administration of decedent's estate within Kentucky or elsewhere. (Name of Decedent) (attach receipts): Subscribed and sworn before me by petitioner on _________________________________, 2_______. My commission expires _____________________. _____________________________________________________ Name/Title Because the exemption given to the above surviving spouse/child(ren) and/or claim(s) of the above preferred creditor/ assignee equals or exceeds the value of the above estate asset(s), I ask this Court to dispense with the administration of the above estate and to transfer the above personal property to me or my designee, ________________________________. ____________________________________ _______ _____________________________________________ Name of Surviving Spouse Waiving Preference Age Signature of Surviving Spouse Waiving Preference (Please Print) (If Petitioner is not Decedent’s Spouse) Address/P.O. Box Address: _________________________________________________________________________ _______________________________________________________________________________________________ _____________________________________________ ____________________________________________ Signature of Surviving Child Waiving Preference Signature of Surviving Child Waiving Preference __________________________________________ Petitioner’s Signature Address: _______________________________________________________________________________________ _______________________________________________________________________________________________ Phone Number: __________________________________ ORDER [ ] Upon hearing, the Will offered was proven by ______________________________ and ORDERED PROBATED as the Last Will and Testament of Decedent this _________ day of __________________________________, 2________. The Will shall be probated only and no letters of administration shall be issued. Upon verified petition of the above petitioner, IT IS HEREBY ORDERED that the petition be granted to dispense with the administration of the estate of the above decedent, and the above personal property is transferred to petitioner or his/her designee, _____________________________________________________________________________. ________________________________, 2_______ ____________________________________________ Date Judge’s Signature AOC-830 Rev. 12-16 Page 2 of 2 CERTIFICATE I certify that this petition and order were prepared in accordance with CR 11. ___________________________________________ _____________________________________________ Attorney for Petitioner Address and Phone Number Distribution: Court File Petitioner