Kentucky Probate Court Forms: A Complete Guide to AOC Forms

The Kentucky Court of Justice publishes all probate forms on its website — they're free, and no subscription is required. The problem isn't access. It's knowing which form to file, in what order, and what to write in each section. The forms don't come with instructions, the county clerk can't give legal advice, and the numbered sequence isn't obvious to a first-time executor.

This guide maps every mandatory AOC form to the step in the probate process where it belongs.

Opening the Estate

AOC-805: Petition for Probate of Will and/or Appointment of Executor/Administrator

This is the first document filed. It formally asks the District Court to either probate the will, appoint you as executor or administrator, or both. You'll include the decedent's full legal name, date of death, county of residence, an estimate of real and personal property values, and the names and addresses of all heirs at law.

If there's a will, the original must be presented to the court — photocopies are not accepted without a separate evidentiary hearing. If the appointed person lives outside Kentucky, Form AOC-805 also includes a section to designate a resident agent in the county.

Filed at: District Court clerk in the county where the decedent was domiciled.

AOC-806: Order Probating Will and Appointing Executor/Executrix

This is the judge's response to your AOC-805 petition. The court issues it after a brief hearing confirming you meet the statutory qualifications for appointment. You don't fill this one out — the judge signs it. Once issued, AOC-806 establishes your legal authority over the estate.

AOC-825: Fiduciary Bond

Before the clerk issues your Letters Testamentary, you must post a surety bond unless the will explicitly waives it or all beneficiaries sign an agreement. Form AOC-825 is the bond contract. The bond amount is set by the District Court judge and is generally equal to the estimated value of the personal estate. Annual premiums run from roughly $100 for a small estate to $1,200+ for a $300,000 estate.

If the will waives surety, you still complete this form but mark the waiver — the court needs a record either way.

AOC-807: Certificate of Qualification (Letters Testamentary / Letters of Administration)

Once AOC-806 is signed and the bond is finalized, the clerk issues the Certificate of Qualification. This is the document commonly called "Letters Testamentary" (for testate estates) or "Letters of Administration" (for intestate ones). It's the key that unlocks everything: banks, brokerage accounts, title transfers, and government agencies all require a certified copy before they'll cooperate with you. Order at least five certified copies.

Small Estate Alternative

AOC-830: Petition to Dispense with Administration

For estates where the total probatable personal property is $30,000 or less, this form lets the surviving spouse or children bypass formal probate entirely. No creditor waiting period, no inventory, no formal accounting. The judge reviews the petition and issues an Order Dispensing with Administration (Form AOC-830.1).

The $30,000 ceiling can be raised by subtracting "preferred claims" — such as funeral expenses the petitioner paid out of pocket — from the estate's total value. This form does not work for real estate; a separate Affidavit of Descent under KRS 382.120 is needed for real property.

Inventory

AOC-841: Inventory and Appraisement of Estate

Within 60 days of appointment, you must file this form with the District Court. It lists every probatable asset — bank accounts, vehicles, personal property, business interests, real estate — along with estimated fair market values as of the date of death.

Non-probate assets (joint tenancy accounts, life insurance with named beneficiaries, payable-on-death accounts, trust assets) do not belong here. Including them inflates the estate value and can trigger unnecessary inheritance tax calculations.

The 60-day deadline under KRS 395.250 is not flexible. Missing it is a breach of fiduciary duty.

Closing the Estate

AOC-846: Formal Settlement of Estate

Used to close an estate when you cannot get all beneficiaries to sign waivers, when the estate is insolvent, or when litigation is ongoing. Requires a complete, penny-perfect financial accounting: every dollar received and every dollar paid out since the date of death, supported by cancelled checks and receipts.

The court schedules a Settlement Hearing (Form AOC-846.1) to give interested parties the chance to object. Once satisfied, the judge signs a Settlement Order (Form AOC-846.2) formally closing the estate and discharging the fiduciary.

AOC-850: Informal Final Settlement

The simpler path to closing, available when the estate is solvent, all creditors are paid, and all beneficiaries are in agreement. Instead of a detailed accounting, you file this affidavit combined with Form AOC-851 (Affidavit of Waiver of Formal Settlement), signed by every beneficiary, waiving their right to a line-item accounting.

If getting all beneficiaries to sign is a practical problem — one heir is uncooperative or lives abroad — you must fall back to the Formal Settlement path.

AOC-851: Affidavit of Waiver of Formal Settlement

The companion document to AOC-850. Every beneficiary signs this to confirm they've received what they're owed and waive the right to a formal accounting. No waivers = no informal settlement.

Tax-Related Forms

Form 92A300: Affidavit of Exemption (Kentucky Department of Revenue)

If the entire estate passes to Class A beneficiaries (surviving spouse, parents, children, grandchildren, siblings), no Kentucky inheritance tax is owed. File this affidavit with the probate court to clear the title. The Department of Revenue doesn't need a copy.

Form 92A200: Kentucky Inheritance Tax Return

Required when Class B (nieces, nephews, aunts, uncles) or Class C (cousins, non-relatives) beneficiaries inherit assets. Due within 18 months of the date of death. Pay within nine months and receive a 5% discount on the total tax liability.

Cremation Dispute Forms

AOC-858: Petition by Crematory to Authorize Cremation

AOC-859: Petition to Prevent Cremation of Decedent

These forms are used when family members disagree over cremation. Any interested party — a family member or the crematory itself — can petition the court to either authorize or block cremation while the dispute is resolved.

Where to Find These Forms

All Kentucky AOC forms are available free of charge at kycourts.gov under the Legal Forms section. Do not pay a third-party subscription service for documents that are publicly available at no cost.

The challenge isn't downloading the forms — it's completing them correctly and filing them in the right sequence. The Kentucky Probate Process Guide walks through every form with plain-language instructions, a filing checklist, and the exact sequence from petition to estate closure.

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