Kentucky Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: a Petition for Probate of Will; and/or Appointment of Executor/Administrator, filed in the District Court of the county where the decedent lived (KRS 394.140). The official form is AOC-805 (Rev. 12-25), with boxes for probate only, probate and appointment, or an administrator when there is no will. Statutes call it an application (KRS 394.145, 395.015). The court's form controls.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. Being named as executor in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the claims period runs.

3. 3

   Original administration may not be granted more than 10 years after the death, and a grant made after that is void (KRS 395.010). A District Court can compel a person holding a will to produce it (KRS 394.160). The clerk can advise on timing.

4. 4

   Who may serve: a Kentucky resident over 18 may serve, except as set out in KRS 395.080, and a nonresident may serve only if of legal age and related to the decedent by blood, marriage or adoption, or the spouse of such a relative, and must name a county resident as agent for service of process (KRS 395.005, 395.015(6)). For an intestate estate the court prefers the surviving spouse and then relations who apply (KRS 395.040). The court decides, and appointment is not guaranteed.

5. 5

   Notice: the court decides in its discretion whether a hearing is needed (KRS 395.015(8)), but a hearing is mandatory for an administrator with the will annexed or de bonis non when there is no surviving spouse, and when the spouse waives or cannot serve and there is more than one resident heir, unless all of them waive it (KRS 395.015(7)). When a hearing is held, written notice of its time, place and purpose is mailed at least 5 days before it (KRS 395.016). Claims against the estate are barred unless presented within 6 months after the personal representative is appointed, or within 2 years after death if none is appointed, with exceptions for United States, Kentucky and local government claims (KRS 396.011).

6. 6

   Bond: since July 15, 2026, no surety bond is required of a personal representative unless the court decides one is needed to protect all interests in the estate, and the court is not bound by the testator's wishes (KRS 395.130). A bond is mandatory for a public administrator or curator. An executor who fails to give a required bond may not act. Older court guides may still say bond is always required, so follow the current form and the clerk.

7. 7

   Not every estate needs probate. Kentucky has no affidavit-only transfer; its small-estate and simplified routes are court petitions, including dispensing with administration (KRS 395.455, petition AOC-830) and probate of the will without letters. See DocDraft's small-estate-affidavit page for how small-estate options work. A will contest or a dispute over who should serve is a separate proceeding.

Kentucky Requirements for Petition for Probate

• District Court of Decedent's County

  Wills are proved before the District Court of the county where the testator lived (KRS 394.140). If there is no known Kentucky residence, the petition goes to the county where devised land lies, or if none, where the decedent died or the estate or a debt owed to the decedent is located.

• Form AOC-805 Petition

  The statewide form is AOC-805, Petition for Probate of Will; and/or Appointment of Executor/Administrator (Rev. 12-25). It covers probate only, probate and appointment, or an administrator with no will. The form cites KRS 394.145 and 395.015.

• Probate and Appointment in One Application

  An application for probate and for appointment as executor or administrator with the will annexed may be combined in one application (KRS 394.140, 394.145). The will must be presented to the court at or before appointment (KRS 395.015).

• Ten-Year Limit on Original Administration

  Original administration may not be granted more than 10 years after the death, and a grant made after that time is void (KRS 395.010). A District Court may compel a person holding a will to produce it (KRS 394.160).

• Nonresident Must Be a Relative

  A nonresident may serve only if of legal age and related to the decedent by blood, marriage or adoption, or the spouse of such a relative, and must designate a resident of the county as agent for service of process (KRS 395.005, 395.015(6)).

• Discretionary Hearing and Notice

  The court decides in its discretion whether a hearing is required, but a hearing is mandatory for an administrator with the will annexed or de bonis non when there is no surviving spouse, and when the spouse waives or cannot serve and there is more than one resident heir, unless all of them waive it. When held, written notice of the time, place and purpose is mailed at least 5 days before it (KRS 395.015(7)-(8), 395.016).

• Six-Month Claims Bar

  Claims are barred unless presented within 6 months after the personal representative is appointed, or within 2 years after death if none is appointed. United States, Kentucky and local government claims are excluded (KRS 396.011).

• No Bond Unless the Court Orders One

  As of July 15, 2026, no surety bond is required unless the court determines one is needed to protect all interests in the estate. A bond is mandatory for a public administrator or curator (KRS 395.130).

• Court Petition in Place of Administration

  The court may dispense with administration and order assets transferred to the surviving spouse or children, or to a preferred creditor (KRS 395.455). Where no distributable estate will pass through the personal representative, it may order a will probated without letters (KRS 395.455(2)). Kentucky has no affidavit-only transfer.