Disclaimer: This is general information and not legal advice. I am not an attorney. For advice about your specific situation, consult a licensed Kentucky attorney or the local probate court.
Detailed Answer
This section describes the common documents you will need to apply for appointment as a personal representative (executor or administrator) and to take the required oath in a Kentucky probate proceeding. Procedures vary slightly by county, so always check with the clerk or judge in the county where the decedent lived.
Where probate is filed
Probate matters in Kentucky are generally handled under the statutes governing wills and administration. See Kentucky Revised Statutes, Chapter 395 for the governing law: https://apps.legislature.ky.gov/statutes/title/4/chapter/395/.
Core documents commonly required
- Original will (if one exists). Bring the original signed will. If someone else has the original, bring a certified copy and explain why the original is not available.
- Certified copy of the death certificate. The probate court typically requires an official certified death certificate (not just a funeral home copy).
- Petition or application for probate or for letters of administration. This is the court form that asks the court to admit the will (if any) and appoint a personal representative, or, if there is no will, to open administration and appoint an administrator. Counties use specific local forms or statewide forms the court provides.
- Oath of personal representative. Many counties require the personal representative to take a statutory oath before receiving Letters (official authority). The court will provide or accept a sworn oath form to be signed and filed.
- Acceptance or consent forms. If multiple persons are entitled to serve, some courts will ask for a written acceptance by the person appointed and any consents or waivers from other interested parties.
- Bond or bond waiver. The court may require a fiduciary bond for the personal representative unless the will waives bond or the court dispenses with it. If bond is required, submit a bond form and any required surety information or an approved bond surety letter.
- List of heirs and beneficiaries. A statement showing the names and addresses of the decedent s heirs and known beneficiaries. Courts use this to direct notices and to determine who must be served.
- Estimated value of estate / inventory information. Many courts want an estimated inventory or assets list when the appointment is requested, and a formal inventory follows after appointment.
- Notice and service paperwork. Proof that required notices were given to heirs, beneficiaries, and creditors (or a request that the court issue the notices).
- Filing fee or fee waiver request. Most counties have a probate filing fee. Bring payment or a sworn request for waiver if you cannot pay.
- Identification for the petitioner/personal representative. Photo ID and contact information for the person asking to be appointed.
Situations that change what you must file
- If the decedent left a will that names an executor, file the will with the petition to probate and bring any proof of will custody.
- If there is no will, file a petition for administration and provide heirs information so the court can appoint an administrator.
- For small or limited estates, Kentucky may allow simplified procedures or affidavits instead of full administration. Check the county court rules or local forms for small estate provisions.
- If someone objects to appointment or to probate of the will, expect additional pleadings, service, and possibly a hearing.
Typical steps and timing
- Gather the documents listed above, including the original will if you have it.
- Complete the county s probate petition and oath forms. Many counties post forms online; the Kentucky Court of Justice site has general resources at https://kycourts.gov.
- File the petition at the probate clerk or court in the county where the decedent lived. Pay the filing fee or file a fee-waiver application.
- Take the statutory oath and file any bond if required. After the court accepts these, the court issues Letters (letters testamentary or letters of administration) that authorize the personal representative to act for the estate.
Statutes and official resources
Key state law on wills and probate is in Kentucky Revised Statutes, Chapter 395: https://apps.legislature.ky.gov/statutes/title/4/chapter/395/. For county-specific forms and filing procedures, consult the local county clerk or the Kentucky Court of Justice website: https://kycourts.gov.
When to get an attorney
Consult an attorney if the estate is complex, if there is a dispute among heirs or beneficiaries, if large taxes or creditors may be involved, or if you are unsure whether the documents you have meet court requirements. An attorney who practices probate in Kentucky can prepare the petition, ensure notices comply with Kentucky law, and represent you at any hearings.
Helpful Hints
- Call the county probate clerk before you go to confirm the exact forms, the filing fee, and whether the county requires an appointment.
- Bring multiple copies of the original will and the certified death certificate; the court will keep originals and need copies for records and service.
- If a bond is required, contact an insurance agent for a probate bond (surety) in advance so issuance does not delay appointment.
- Prepare a short assets list with estimated values. Courts expect an inventory after appointment, so preliminary information speeds the process.
- If you are named executor but cannot serve, file a written renunciation so the court can appoint an alternate person.
- Keep records and receipts of all estate transactions after appointment; the court and heirs will expect a final accounting if required.
- If time is sensitive (e.g., bank account access), ask the clerk about interim relief or temporary letters the court can issue quickly.
For the text of the Kentucky probate statutes, see Kentucky Revised Statutes, Chapter 395: https://apps.legislature.ky.gov/statutes/title/4/chapter/395/.