Petition for Probate of Will and for Letters Testamentary - Kentucky

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Kentucky probate is handled by the Probate Division of the District Court, which
uses Administrative Office of the Courts (AOC) form AOC-805, Petition to Probate Will
and Appoint Executor/Administrator With Will Annexed. This template provides the
substantive legal content to help you prepare — but you must transfer your content to the
official AOC-805 form (and related AOC fiduciary forms) before filing. Forms are available
from the Circuit Court Clerk and at https://www.kycourts.gov/Legal-Help.
Do not file this document directly with the court in place of the required AOC forms.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

DISTRICT COURT OF KENTUCKY, [COUNTY] COUNTY — PROBATE DIVISION

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner / Applicant Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Heirs at Law
7. Nomination and Priority of Executor
8. Bond / Surety
9. Prayer for Relief
10. Verification
11. Notice and Certificate of Service
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Case No.: [____________________________________]

Hearing Date (if set): [__/__/____] Time: [____]

2. PETITIONER / APPLICANT INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Kentucky [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is the Executor named in the Last Will and Testament of the Decedent and offers the Will for probate under KRS § 394.145.

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. ☐ The Decedent's residence at the time of death was in [COUNTY] County, Kentucky; this Will is therefore properly proved before and admitted to record by the District Court of this county (KRS § 394.140).

c. ☐ The Decedent was a nonresident; the basis for jurisdiction and venue in this county is [________________________________] (KRS §§ 394.140, 394.150).

d. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] (and codicil(s) dated [__/__/____], if any).

e. ☐ This application is made within ten (10) years after the Decedent's death (KRS § 395.010).

f. The Will is not admissible as evidence of title or otherwise until it is admitted to probate (KRS § 394.130); Petitioner accordingly seeks its probate.

5. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament of the Decedent, dated [__/__/____], accompanies this Petition and is offered for probate (KRS § 394.145).

b. Execution and witnesses. The Will was executed in compliance with KRS § 394.040: it is in writing, signed by the testator (or by another person in the testator's presence and by the testator's direction), and (unless wholly in the testator's handwriting) attested and subscribed in the presence of the testator by at least two credible witnesses. The attesting witnesses are:

c. Self-proving / form of will:
☐ The Will is self-proved by the acknowledgment of the testator and the affidavits of the witnesses under KRS § 394.225 and may be admitted to probate without the testimony of any subscribing witness.
☐ The Will is not self-proved; proof will be made by testimony or deposition of a subscribing witness (KRS § 394.230).
☐ The Will is wholly in the handwriting of the testator (holographic) and signed by the testator (KRS § 394.040); proof will be made as required by law.

d. To the best of Petitioner's knowledge and belief, the Will has not been revoked and is the last Will of the Decedent.

6. DEVISEES AND HEIRS AT LAW

Surviving spouse and devisees under the Will (KRS § 394.145):

Heirs at Law (persons who would take under intestate succession, KRS ch. 391; list if required by the Court):

☐ Decedent had a surviving spouse: [NAME] (note dower/elective and exempt-property rights).

7. NOMINATION AND PRIORITY OF EXECUTOR

a. The Will nominates [EXECUTOR FULL LEGAL NAME], whose address is [________________________________], as Executor.

b. The application for probate of the Will and for appointment as Executor are combined in this one application (KRS § 394.145).

c. Petitioner is qualified to be appointed as fiduciary (KRS § 395.005) and is not disqualified. No fiduciary may act, and no Letters issue, until appointed; a fiduciary must obtain Letters of appointment (KRS § 395.105) and take the oath required by KRS § 395.120.

d. The Executor named in the Will may not act until the Will is probated (KRS § 395.020); Petitioner therefore seeks probate and appointment together.

8. BOND / SURETY

a. Bond and surety:
☐ Petitioner requests appointment without surety bond under the default rule in KRS § 395.130(1).
☐ The Court has ordered or may order a surety bond under KRS § 395.130(2), and Petitioner will provide the bond in the amount and form directed by the Court.

b. Estimated value of the probatable estate (for the Court's bond determination, if applicable): $[________________]

c. The Will's expression concerning bond is: [________________________________]. Petitioner acknowledges that KRS § 395.130(2)(b) permits the Court to consider but does not bind the Court to that expression.

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a. Admit the Last Will and Testament of the Decedent dated [__/__/____] (and any codicil) to probate and order it admitted to record (KRS § 394.140);

b. Find that the Decedent died testate and that the Will was duly executed;

c. Appoint Petitioner as Executor of the estate;

d. Issue Letters Testamentary to Petitioner upon the taking of the oath (KRS § 395.120) and the giving of any required bond (KRS §§ 395.105, 395.130);

e. Determine that no bond is required under KRS § 395.130(1), or, if the Court determines a bond is necessary under subsection (2), set its amount and terms;

f. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], being first duly sworn, state that I am the Petitioner / Applicant; that I have read the foregoing Petition (and the corresponding AOC-805 application); and that the statements therein are true and accurate to the best of my knowledge and belief.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Subscribed and sworn to before me on [__/__/____].

Notary Public / Clerk: ______________________________________ My commission expires: [__/__/____]

11. NOTICE AND CERTIFICATE OF SERVICE

Notice of hearing on application (KRS § 395.016): Where required, notice of the hearing of an application for appointment of a personal representative shall be given as provided by KRS § 395.016. The propounder of the Will may also have interested parties summoned (KRS § 394.170).

☐ Notice of hearing given as required by KRS § 395.016.
☐ Notice mailed to the surviving spouse, devisees, and heirs at law at their last known addresses.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Kentucky Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

ATTACHMENTS CHECKLIST:

☐ AOC form AOC-805 (Petition to Probate Will and Appoint Executor)
☐ Original Last Will and Testament (and any codicil)
☐ Self-proving affidavit (KRS § 394.225), if the Will is self-proved
☐ Certified copy of Death Certificate
☐ Fiduciary's oath (KRS § 395.120) — AOC fiduciary forms
☐ Court-ordered bond / surety, if any (KRS § 395.130)
☐ Proposed Order Admitting Will to Probate and Appointing Executor (Order of Probate)
☐ Proposed Letters Testamentary (AOC-815 / clerk-issued)
☐ Filing fee payment

SOURCES AND REFERENCES

• KRS Chapter 394 (Wills): https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39195
• KRS § 394.140 (Will probated in District Court; venue)
• KRS § 394.145 (Application for probate of will)
• KRS § 394.040 (Requisites of a valid will)
• KRS § 394.225 (Self-proved will)
• KRS § 395.130 (Bond, when required; cost of corporate surety paid from estate)
• KRS § 395.105 (Fiduciary must have letters of appointment)
• Guide to Basic Kentucky Probate Procedures: https://www.kycourts.gov/Legal-Help/Documents/probateguide.pdf