Filing the Kentucky AOC-805 Probate Petition: Fees, Bond, and Letters

The Kentucky AOC-805 probate petition is the form that opens an estate case in District Court, asking a judge to admit the will (if there is one) and appoint an executor or administrator. You file it in the county where the deceased last lived, along with the original will and the filing fee, after completing the form in front of a notary. The form is a free download from the Kentucky Court of Justice website at kycourts.gov.

When You Need the Petition

Kentucky District Courts have exclusive jurisdiction over non-contested probate matters, so any estate that requires a court-appointed personal representative starts with AOC-805.¹ Without this petition, no one has legal authority to transfer the deceased person’s property, access bank accounts, or settle outstanding debts.

Not every estate needs full administration. Under KRS 395.455, the court can dispense with administration entirely and order assets transferred directly to the surviving spouse when the spouse’s statutory exemption, alone or combined with preferred claims already paid, equals or exceeds the total value of probatable assets.² If the court finds no probatable estate will pass through a personal representative’s hands, it can also order that no letters of administration issue. Where a will exists in that situation, the court may probate the will only. Raise either possibility with the court before going through the full AOC-805 process.

Who Can File

Any Kentucky resident over eighteen can be appointed, but the court follows a priority order. A person named as executor in the will has first priority. When no will exists or the named executor cannot serve, KRS 395.015 requires the applicant to file a verified petition, and the court considers the surviving spouse, next of kin, and other interested parties for the role of administrator.³ The petition asks for your relationship to the deceased, which is how the court evaluates standing.

What to Gather Before You Sit Down With the Form

Gaps in this information are the most common reason petitions get sent back or hearings get continued. Have everything ready before you start writing.

The decedent’s full legal name, Social Security number, date of birth, date of death, and last residential address.
The original will, if one exists. Not a copy. The court wants to see it at the hearing.
Full names, current mailing addresses, and ages of the surviving spouse and all heirs at law. KRS 394.145 requires this, and the court may ask for additional heirs beyond the statutory minimum.³
Estimated market values for every parcel of real estate the decedent owned or had an interest in.⁴
Estimated market values for personal property: bank accounts, vehicles, investments, household goods, and anything else that isn’t real estate.

The asset estimates matter more than most first-time filers realize. The court uses them to set the bond amount that protects the estate during administration. Lowball the figures and you may have to adjust the bond later; overstate them and you pay a higher bond premium than necessary. Recent bank statements, tax assessments for real property, and Kelley Blue Book or similar tools for vehicles are enough at this stage. Formal appraisals come later.

Filling Out the Form

AOC-805 is a two-page PDF. The top identifies the court and the decedent: fill in the county where the decedent resided, the decedent’s full name, and your name as petitioner along with your relationship to the deceased.

The body walks through numbered sections. You state whether a will exists and when it was executed, then list the names, addresses, ages, and relationships of all heirs and beneficiaries. The next sections ask for estimated values of real estate (parcel by parcel) and personal property (which can be grouped by category). Finally, you identify who you are asking the court to appoint as personal representative, which is often yourself.

Redacting Personal Data

Kentucky Civil Rule 7.03 requires anyone filing a civil document, including a probate petition, to redact Social Security numbers to the last four digits, remove the month and day from birth dates (leaving just the year), and truncate financial account numbers.⁵ The clerk will not review your filing for compliance; the responsibility is entirely on you. If unredacted personal data reaches the record, the court can strike the filing, and you would need to refile a corrected version.

Keep an unredacted original copy for yourself. The court may order you to produce it later, and you will need the full Social Security number when applying for a federal tax identification number for the estate.

The Notarized Verification

At the bottom of the form, you sign a verification swearing that the information is accurate. This must be done in front of a notary public, who witnesses your signature and affixes their seal, commission expiration date, and notary ID number.⁴ A petition without a proper notarized verification is invalid, and the clerk will reject it at the counter.

Where to File and What It Costs

File the completed AOC-805 with the District Court Clerk in the county where the decedent lived at the time of death. Bring the original will if one exists, plus the notarized petition. Some counties also want copies. Call the clerk’s office before you go to confirm what they need.

The base filing fee for a probate case in Kentucky District Court is $40 under Civil Rule 3.03. On top of that, every filing carries a $20 court technology fee and whatever local surcharges the county imposes for court facilities and law libraries.⁶ Total fees vary by county. In Kenton County, filing a probate petition with a will costs $103.50.⁷ Expect to pay somewhere between $60 and $110 depending on the county. Most clerks accept cash, checks, and money orders; some accept credit cards.

Once the filing is accepted, the clerk schedules a hearing date. Many counties handle probate matters during a designated motion hour on the regular court calendar, so you may be one of several cases heard that day.

The Hearing and Your Letters

At the hearing, you appear before a District Court judge and present the petition and the original will. The judge reviews the paperwork, confirms the will appears valid, and assesses whether the proposed personal representative is suitable. If someone other than the named executor is seeking appointment, the court checks whether proper notice was given to heirs at law. Some Kentucky judicial districts require written notice mailed at least five days before the hearing, or waivers from heirs who choose not to attend.⁸

If the judge is satisfied, an order is entered granting the petition and authorizing the fiduciary to act. This is the moment you gain legal authority to manage assets, access accounts, and deal with creditors. The clerk issues letters testamentary (for an executor named in a will) or letters of administration (for an administrator appointed without a will), which you present to banks, title companies, and other institutions as proof of your authority.

Bond Before Letters Issue

Kentucky requires every fiduciary to provide a surety bond unless one of two exceptions applies: the will specifically waives the bond requirement, or the court excuses surety after an interested party petitions and demonstrates that all interests in the estate are adequately protected.⁹ Many well-drafted wills include bond-waiver language, so read the will carefully before assuming you need one.

When a bond is required, the amount is based on the estimated value of the estate’s personal property, using the same figures you put on the AOC-805. You purchase the bond from a surety company, and the typical premium runs between one and two percent of the bond amount annually. Your credit score is the biggest factor in the premium, though the bond amount, whether the will is contested, and the expected duration of administration all play a role. The court will not issue letters until the bond is filed, so handle this quickly after the hearing.

What Comes Next

The petition is the starting line, not the finish. Two deadlines start running from the day the court appoints you:

Within 60 days, file a complete inventory of the estate’s assets on Form AOC-841. This is more detailed than the estimates on your AOC-805 and requires actual values, with professional appraisals for certain assets. Miss the deadline and the court will issue a notice directing you to file and set a review date; repeated failure can result in removal.¹⁰
Creditors have six months from the date of your appointment to file claims against the estate. Under KRS 424.340, the clerk publishes a notice of your appointment in a local newspaper. Any claim not filed within the six-month window is barred against the estate, the personal representative, and the heirs and beneficiaries, unless the creditor is the federal government, the state, or a political subdivision. Confirm the notice actually ran and keep a copy; if it never publishes, creditors could argue the clock never started.¹¹

Written notice to heirs and beneficiaries who were not at the hearing is a good practice even where local rules don’t require it. It tells them who was appointed, when administration began, and how to reach you, and it creates a paper trail if anyone later claims they were never informed.

1
Justia. Kentucky Code 24A.120 – Civil and Probate Jurisdiction
2
Kentucky Legislative Research Commission. Kentucky Revised Statutes 395.455 – Transfer of Assets Without Administration
3
Kentucky Legislative Research Commission. Kentucky Revised Statutes 394.145 – Application for Probate of Will
4
Kentucky Court of Justice. AOC-805 Kentucky Probate Petition Form
5
New York Codes, Rules and Regulations. CR 7.03 Privacy Protection for Filings Made with the Court
6
New York Codes, Rules and Regulations. CR 3.03 District Civil Fees and Costs
7
Kenton County Circuit Court. Fee Schedule
8
New York Codes, Rules and Regulations. Graves District Court Rule 11 – Section: 1103 Notice and Waiver
9
Kentucky Legislative Research Commission. Kentucky Revised Statutes 395.130 – Bond, When Required
10
New York Codes, Rules and Regulations. Rule 7 – Probate and Guardianship
11
Kentucky Legislative Research Commission. Kentucky Revised Statutes 396.011 – Presentation of Claims Against Estate