Letters Testamentary in Kentucky: How to Get Them and What They Do

A bank teller tells you the account is frozen. A brokerage won't talk to you. A title company won't process anything without "letters." You're the executor — you thought that meant you had authority — but the world keeps asking for a document you don't have yet.

That document is Letters Testamentary (if the decedent left a will) or Letters of Administration (if they didn't). In Kentucky, it's formally called a Certificate of Qualification and issued as Form AOC-807. It's not drafted by an attorney. It's not handed to you at the funeral home. It comes from one place: the Kentucky District Court.

Here's exactly what it takes to get it.

What Letters Testamentary Actually Are

Letters Testamentary is a court-issued certificate confirming that you have been legally appointed as the executor or administrator of an estate. It is the proof of authority that every financial institution, government agency, and title company requires before they will release information or transfer assets.

Without it, you have no legal power over the decedent's assets — even if you're named executor in the will. Being named executor in a will grants you the right to petition for appointment; it doesn't automatically confer authority.

Step 1: File the Petition (Form AOC-805)

To open probate and request appointment, file a Petition for Probate of Will and/or Appointment of Executor/Administrator (Form AOC-805) with the District Court clerk in the Kentucky county where the decedent was domiciled at the time of death.

The petition requires:

• The decedent's full legal name, date of death, and county of domicile
• An estimate of the real and personal estate values
• Names, relationships, and addresses of all heirs at law
• The original will (if one exists) — photocopies are not accepted

Filing fees run approximately $75.50 to $172.50 depending on the county and whether a will is being probated. The court schedules a brief hearing after you file.

Step 2: Appear at the Hearing

The District Court judge reviews the petition and confirms you meet Kentucky's qualifications for serving as fiduciary. Under KRS 395.005, you must be:

• A Kentucky resident over age 18, or
• A national bank or trust company authorized in Kentucky

If you live outside Kentucky, the eligibility rules are stricter. Non-residents can only serve as executor if they are related to the decedent by blood, marriage, or adoption. They must also designate a resident agent in the specific county where the probate is filed to accept service of process on behalf of the estate.

If you qualify, the judge signs the Order Probating Will and Appointing Executor/Executrix (Form AOC-806).

Step 3: Post the Fiduciary Bond (Form AOC-825)

Before the clerk issues your Letters, Kentucky law requires you to post a surety bond (Form AOC-825) unless:

1. The decedent's will explicitly excuses the bond requirement, or
2. All interested parties sign a written waiver

The bond amount is set by the judge — typically equal to the estimated value of the personal estate. Annual premiums run roughly $100–$1,200+ depending on estate size. The premium is a legitimate estate expense paid from estate funds.

Even if the bond is waived, the form must be completed and filed.

Step 4: Receive the Certificate of Qualification (AOC-807)

Once AOC-806 is signed and the bond is resolved, the county clerk issues the Certificate of Qualification. This is the document commonly known as Letters Testamentary or Letters of Administration.

Order multiple certified copies immediately. Most institutions require their own original certified copy and will not accept photocopies. You'll need copies for:

• Each bank or financial institution holding accounts
• The brokerage or investment firm
• The Department of Motor Vehicles for vehicle transfers
• Real estate title companies
• The Kentucky Department of Revenue (if inheritance tax is owed)
• Social Security and other benefit agencies
• Safe deposit box access

At minimum, order five to ten certified copies at the time of appointment. Each copy typically costs $2–$5 to certify at the county clerk's office.

What Letters Testamentary Let You Do

With the Certificate of Qualification in hand:

• Open an estate checking account in the name of the estate
• Access and liquidate investment accounts
• Open safe deposit boxes
• Transfer vehicle titles through the Kentucky Transportation Cabinet
• Manage, sell, or transfer real property (working with the Affidavit of Descent for intestate real estate)
• File and pay taxes on behalf of the estate
• Bring or defend legal actions on behalf of the estate

Letters Testamentary vs. Durable Power of Attorney

A common source of confusion: a Durable Power of Attorney (POA) extinguishes the moment the principal dies. It doesn't matter if the POA says "durable" — death terminates it instantly under Kentucky law. An agent who tries to act under a POA after the principal's death has no legal authority, and any transactions they execute can be challenged.

Letters Testamentary do not carry over from a POA. They require a separate petition to the District Court after death. There is no shortcut.

After the Six-Month Creditor Period

The Certificate of Qualification remains valid throughout the probate process. Once the six-month creditor claim period under KRS 396.011 closes, the fiduciary uses the letters to complete final asset distributions, execute the closing documents (Forms AOC-846 or AOC-850), and receive a formal discharge from the court.

The Kentucky Probate Process Guide walks through the petition, bond, and appointment process with checklists for each step — so you know exactly what to bring to the courthouse and in what order.

See more Kentucky guides →