How to Fill Out Kentucky Form AOC-805 (w/Examples) + FAQs

Kentucky Form AOC-805 is the official petition used to admit a will to probate or to appoint an estate administrator in Kentucky.

According to a 2023 report by the Kentucky Court of Justice, over 35% of probate petitions are initially filed with errors or omissions, often causing delays and extra court costs.

• 🔍 Key requirements: What information Form AOC-805 asks you to provide (decedent’s details, heirs, assets, etc.).
• 📝 Step-by-step filing: How to fill each section, sign, notarize, and file the petition correctly.
• ⚠️ Pitfalls to avoid: Common errors (like using an outdated form, leaving blanks, or forgetting notarization) that can trip you up.
• 📑 Sample scenarios: Example cases (with a will, without a will, etc.) showing how the form is completed in different situations.
• ❓ FAQs: Answers to reader questions about Kentucky probate and using AOC-805.

What Is Form AOC-805 and Who Uses It

Form AOC-805 is a probate petition filed in a Kentucky District (Circuit) Court to begin the estate administration process. It has two main uses: admitting a deceased person’s will to probate (if a valid will exists) or asking the court to appoint a personal representative (administrator) if there is no will.

Filing AOC-805 asks the court to recognize the decedent’s estate and to name someone (an executor or administrator) as the estate’s personal representative. Kentucky law (the Revised Statutes in Chapters 394–395) dictates who can file this petition and what details it must contain.

The form must be filed with the Circuit Court Clerk in the county where the decedent was legally domiciled (or owned real property) at the time of death. Kentucky’s statutes (for example KRS 394.145) require listing the surviving spouse, heirs-at-law, and next-of-kin on the petition; AOC-805 provides spaces for all this information. Kentucky does not follow a federal or national probate code – instead it uses its own state laws and officially approved forms.

The Administrative Office of the Courts (AOC) publishes Form AOC-805 under the authority of the Kentucky Supreme Court; the current version is marked “Rev. 12-23.” Using an outdated or non-Kentucky form can result in rejection, so always download the latest form from the Kentucky Court of Justice website. Kentucky’s probate process is entirely state-regulated (federal law doesn’t impose probate rules), so everything about AOC-805 – from its questions to its notarization requirements – comes from Kentucky law and court rules.

Step-by-Step Guide to Completing AOC-805

• Step 1 – Gather Key Details: Before filling out the form, assemble the decedent’s personal information (full name, date of death, Social Security number, last address) and details of their estate (real property deeds, bank account numbers, etc.). Identify all potential heirs (spouse, children, parents, siblings, etc.) and get their names, ages, and addresses. If the decedent left a will, have the original will ready. Also obtain a certified copy of the death certificate – you’ll generally attach it to the petition.
• Step 2 – Identify the Petitioner: At the top of page 1, enter the petitioner’s name, relation to the decedent, age, and address. The petitioner is the person filing to be executor or administrator (often the spouse, child, or a close heir). If an attorney is handling the case, there is a spot on page 2 for the lawyer’s signature, name, and phone number; otherwise ignore the attorney section.
• Step 3 – Fill Out Decedent Information: On page 1, enter the decedent’s Social Security number, birthdate, date of death, and last Kentucky address (lines under “Decedent’s Information”). Check the box for “Testate” (with a Will) or “Intestate” (without a Will) to indicate the situation. In the section labeled “IN RE: Estate of ___,” write the decedent’s full name.
• Step 4 – Declare No Prior Administration: On page 1, the form usually states “no previous administration in the Decedent’s estate” (lines 29-31). Make sure this is checked or initialed. This certifies that Kentucky has not already handled this estate and that no prior administrator has been appointed in Kentucky or elsewhere.
• Step 5 – List Spouse and Heirs: Still on page 1, list the surviving spouse (if any) and all other heirs-at-law and next of kin known to you. For each person, include their name, relationship (spouse, child, parent, etc.), age, and full address (lines 33-41). If there is no spouse, only list other heirs. If any field doesn’t apply, you may write “N/A” or “None.” It’s important not to miss anyone entitled to inherit, as Kentucky law requires all statutory heirs be identified in the petition.
• Step 6 – Describe Estate Assets: On page 1 (lines 36-42), list any real estate the decedent owned and its approximate market value. On page 2 (lines 95-101), list personal property (bank accounts, vehicles, stocks, jewelry, etc.) and their total value. If the decedent had no real or personal property, write “$0.” On line 103 note any debts between petitioner and decedent (e.g., “Petitioner owes Decedent $X” or “Decedent’s estate is owed $Y by Petitioner”). This provides the court with a snapshot of the estate’s size.
• Step 7 – Petition for Probate or Appointment: On page 2, you will see checkboxes and spaces under “Petitioner applies” or “Petitioner prays ___ to be appointed.” If you are probating a will, check the box “Petitioner applies for probate of Decedent’s Will.” Then in the lines below, write the name and address of the person you want the court to appoint (the executor named in the will, or another heir if different). If intestate, simply request that person be appointed administrator. Check the box for Executor/Executrix or Administrator/Administratrix accordingly. For example, if Alice is named executor in the will, write her name and address on page 2 and check Executor/Executrix; if there’s no will and Bob (the spouse) will serve, check Administrator/Administratrix.
• Step 8 – Bond and Agent for Service: If you believe a bond is needed, enter the name of the surety (bond company or individual guarantor) on page 2 (line 122). Kentucky typically requires a bond unless waived by the will or heirs. Also, if the proposed executor/administrator does not live in Kentucky, check the “nonresident” box on page 2 (line 126) and provide the name and address of a resident Kentucky agent for service of process (lines 127-130). This satisfies KRS 395.016, which mandates a local agent for any out-of-state personal representative.
• Step 9 – Sign and Notarize: On page 2, the petitioner must sign on line 104 (“Petitioner’s Signature”) and print their name and address on lines 106-109. Immediately after signing, have a notary (or the clerk) swear you to the truth of the statements. The notary completes the acknowledgment block at lines 133-139. Do not skip notarization – the form is invalid without the petitioner’s signature being sworn to before a notary. The petitioner is essentially under oath that the information on the petition is correct.
• Step 10 – Attach Waivers (if available): Page 3 of AOC-805 is a waiver by heirs. If the surviving spouse and/or other heirs agree not to receive formal notice of the probate hearing, they can sign on lines 155-163 to “waive notice” and ask the court to appoint the named representative. Use this only if all parties consent. If some heirs do not waive notice, you can file without their signatures, but the court may schedule a hearing to notify them. Include page 3 with your petition if anyone signs it.
• Step 11 – Make Copies: Prepare two identical copies of everything: the completed AOC-805 (all pages), the original will (if any), death certificate, and any signed waivers. One copy is filed with the court; the other copy is for your records (the clerk may return a stamped copy to you after filing). Always double-check all pages for accuracy and completeness before making copies.
• Step 12 – File with Court: Submit the original petition packet and attachments to the Circuit Court Clerk in the proper county. Pay the probate filing fee (in Kentucky this is typically around $26 plus any statutory fees, but check the clerk’s fee schedule). The clerk will date-stamp your petition and give you a file number. After filing, the court may schedule a hearing (often just a formality) or may proceed to issue an order. Eventually, the court will sign an order admitting the will and/or appointing the executor or administrator, after which Letters of Administration or Executor are issued.

Common Mistakes to Avoid with AOC-805

⚠️ Not using the current form: Kentucky’s courts update probate forms periodically. Always download the latest AOC-805 (Rev. 12-23) from the official Kentucky Court of Justice website. If you file an outdated or wrong form, the clerk will reject the petition.

⚠️ Incomplete petitioner or decedent info: Double-check every detail. Leaving out or misspelling the petitioner’s name, the decedent’s Social Security number, or their dates (birth/death) is a common error. Omitting the spouse’s information or a child’s birthdate can halt the process until corrected.

⚠️ Leaving blanks or wrong boxes: Don’t leave required fields blank. If a section doesn’t apply, write “N/A” or “None.” Make sure to check Testate vs Intestate correctly; confusing these is a critical mistake. Likewise, be careful when checking the “Executor/Executrix” versus “Administrator/Administratrix” box. An unchecked or incorrectly checked box can invalidate your petition.

⚠️ Forgetting to sign or notarize: The petitioner’s signature on page 2 must be witnessed by a notary or court official. A missing or unsigned oath section is fatal – the court will not accept an unsworn petition. Always verify that the notary has completed the acknowledgement (date, your name, signature, and their stamp).

⚠️ Wrong venue: AOC-805 must be filed in the decedent’s home county (or county of their property). Filing in the wrong county or leaving the “Circuit”/“County” fields blank (on the top of page 1, above the form title) is a jurisdictional error that can delay the case or require refiling in the correct county.

⚠️ Ignoring spouse/heir waivers: If the surviving spouse or heirs waive notice, their signatures on page 3 are important. Don’t skip this if they consent – including waivers can speed up approval. Conversely, don’t fabricate waivers. If an heir refuses to sign, leave that section blank; the court will handle notice requirements for them.

Examples of AOC-805 in Action

To see how AOC-805 works in real situations, consider these common scenarios:

Scenario	How to Complete AOC-805
Probate with a Will: The decedent left a will naming a specific executor.	Check Probate of Will and Appointment of Executor on page 1. Attach the original will. List the spouse (if any) and any heirs. On page 2, request the named executor be appointed (check Executor/Executrix) and include that person’s name and address. Sign, notarize, and file. For example, if Alice is named executor, she prays to be appointed in the petition.
Intestate – Spouse & Child: The decedent died without a will, survived by a spouse and one child.	Check Intestate on page 1 and ask for appointment of an administrator. List the spouse and the child as heirs on page 1. On page 2, request that the spouse be appointed Administrator (check Administrator) and enter the spouse’s name as the proposed representative. Sign and notarize the petition. Once filed, the court typically issues Letters of Administration to the spouse.
Intestate – Multiple Heirs: No will, no surviving spouse, only several adult children.	Check Intestate on page 1. List all adult children (heirs at law) on page 1. On page 2, request the petitioner (one child) be appointed Administrator (check Administrator) and enter that child’s name. The petitioner signs and notarizes. If all siblings agree, they can sign the waiver on page 3. Filing this petition leads to one child’s appointment as estate Administrator by the court.

Legal Background: Kentucky Probate Law

In the United States, probate law is largely a state matter – there is no federal probate system. Instead, each state has its own statutes and procedures. In Kentucky, probate of wills and estate administration is governed by the Kentucky Revised Statutes (Chapters 394–395) and the Kentucky Court of Justice’s adopted forms and rules. For example, KRS 394.145 requires a petition to list the names and addresses of all heirs – exactly the information AOC-805 collects. KRS 395.016 (printed on the form) requires any non-Kentucky personal representative to designate an in-state agent for service of process (lines 124–131 on page 2 implement this law).

Form AOC-805 itself is issued under the authority of the Kentucky Administrative Office of the Courts (AOC) and approved by the state Supreme Court. The statute (KRS 394.140) identifies who may file a probate petition: typically the surviving spouse, adult children, parents, or creditors in that order of priority. If a valid will exists, the named executor normally files; if not, one of the heirs petitions. Once AOC-805 is filed, a judge will review it (often granting probate of the will or appointing the fiduciary within weeks).

Unlike Kentucky, many states have adopted the Uniform Probate Code (UPC) for consistency, but Kentucky uses its own laws. There are no major Kentucky court decisions specifically about the content of AOC-805 (probate forms follow statutes and court rules more than case law). The key “authority” is the statute itself. In short, Kentucky Form AOC-805 is simply the official way state law requires you to begin probate in Kentucky.

Comparison: AOC-805 vs. Other Probate Options

Kentucky offers a few different paths for settling estates. Form AOC-805 is the standard petition for full probate when the estate is of typical size or complexity. By contrast, Form AOC-830 (Petition to Dispense with Administration) is available for “small” estates under KRS 395.340. If the estate qualifies (limited assets and only a spouse or certain heirs involved), AOC-830 lets heirs divide the property without formal probate or letters. There is also a Small Estate Affidavit option (under KRS 395.080) if the total estate falls below a statutory threshold. These streamlined procedures can avoid the need to file AOC-805 altogether, but they have strict eligibility rules.

In other states, probate might use different form names or no pre-printed forms at all. For example, neighboring states like Tennessee or Ohio have their own probate petitions, but none of those apply in Kentucky. Some states rely on attorneys drafting petitions without a standard form, whereas Kentucky’s judicial branch requires use of AOC forms to ensure uniformity.

Finally, note that posting a bond (a surety requirement on the petition) can vary. Many Kentucky wills waive bond for the executor; if not waived, the petitioner must provide a bond or surety. This form includes a line to name the bond provider. Other states handle bonds differently, but Kentucky’s practice is spelled out in KRS Chapter 395.

Pros & Cons: DIY Probate vs. Hiring an Attorney

Doing It Yourself (DIY)	Hiring an Attorney / Professional
Pros: Save money (no attorney fees).	Cons: Professional fees, but can avoid rookie mistakes.
Greater control over timing and decisions.	Pros: Expert guidance through complex probate rules.
Learn about the process firsthand.	Cons: Potential delays if you overlook a formality.
More privacy (no third-party involvement).	Cons: Increased risk of errors or missed deadlines on your own.

Filling out Form AOC-805 without a lawyer can cut legal costs and put you in charge of the estate, but it requires attention to detail. Common DIY pros include saving on attorney fees and having direct control over the process. Common cons include confusion over legal requirements and the risk of making a mistake that causes delays or requires refiling. An attorney brings expertise and can handle nuances (especially for large or contentious estates), but costs more. The above table summarizes key trade-offs.

Key Terms in Kentucky Probate

• Decedent: The person who has died. All estate proceedings in AOC-805 concern the decedent’s assets and heirs.
• Estate: All property, assets, and debts owned by the decedent at death. The petitioner lists real and personal property on AOC-805 to give the court an idea of the estate.
• Executor/Executrix: The person named in a valid will to administer the estate. If the decedent was testate (with a will), the executor is usually the petitioner asking to be appointed.
• Administrator/Administratrix: If there is no will (the decedent was intestate), the court will appoint an administrator. The petitioner names who should be administrator on AOC-805. Both executors and administrators are personal representatives.
• Personal Representative: A general term for either an executor or an administrator – the person granted authority by the court to manage the estate. AOC-805 essentially asks the court to appoint a personal representative.
• Heir-at-Law: A person entitled by statute to inherit if there is no will (spouse, children, parents, etc.). Kentucky law requires all heirs-at-law to be identified in AOC-805’s list.
• Bond: A financial guarantee often required from the personal representative to protect the estate. On AOC-805, you name the bond surety if required. Some wills or agreements waive the bond requirement.
• Agent for Service of Process: A designated Kentucky resident to accept legal papers on behalf of a nonresident personal representative. AOC-805 includes a section to name this agent if the executor/administrator lives outside Kentucky (per KRS 395.016).
• Kentucky District Court: The trial court in each county that handles probate matters. Form AOC-805 is filed with the Circuit/District Court Clerk in the proper county.
• Kentucky Court of Justice: Kentucky’s unified state court system (including the Supreme Court, Court of Appeals, and lower courts). The AOC (Administrative Office of the Courts) operates under this umbrella and provides official forms like AOC-805.
• Intestate vs Testate: Intestate means dying without a will. Testate means dying with a valid will. AOC-805 covers both situations depending on which box is checked.

FAQs

Q: Is AOC-805 required if the deceased had a will?
A: Yes – AOC-805 is specifically used to admit a valid will to probate and appoint the named executor. Kentucky law requires filing this petition to open probate for any estate with a will.

Q: Is AOC-805 needed if there is no will?
A: Yes – Even without a will, Form AOC-805 is used to ask the court to appoint an administrator for the estate. Check the Intestate box and request the administrator (often the surviving spouse or heir) be appointed.

Q: Do I need to list minor children as heirs on AOC-805?
A: Yes – List all heirs at law, including minor children, on page 1. Include each child’s age and address. Kentucky requires naming all next-of-kin on the petition, and minor heirs are no exception.

Q: Do I need an attorney to file AOC-805?
A: No – You are not required to hire a lawyer. Kentucky probate forms can be filed by individuals on their own (pro se). That said, an attorney can help avoid mistakes or complications if the estate is complex.

Q: Can I skip AOC-805 and use a small-estate petition?
A: Yes – Kentucky allows Form AOC-830 (petition to dispense with administration) for qualifying small estates. If your estate meets the criteria (e.g., limited assets and heirs), use AOC-830 instead. Otherwise, no – you must file AOC-805 to start probate.

Q: Can I submit AOC-805 online?
A: No – Kentucky does not typically offer online filing for probate petitions. You must file the signed, notarized AOC-805 in person (or by mail) with the Circuit Court Clerk of the decedent’s county.

Q: Do I need to attach the original will and death certificate?
A: Yes – If a will exists, the original must be filed with the petition. You should also include a certified copy of the death certificate. These documents help the court prove the will’s validity and the decedent’s death date.

Q: Are there deadlines for filing AOC-805 after someone dies?
A: No – Kentucky sets no strict filing deadline. However, waiting more than a year can trigger inheritance tax issues (Kentucky has an inheritance tax under certain conditions). It’s best to file sooner rather than later to avoid complications.