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Letters Testamentary in Kentucky

How the Kentucky probate court issues letters testamentary or letters of administration, and what you need to apply.

Short answer: The District Court of the county where the decedent lived appoints the executor (with a will) or administrator (without a will) on a Petition for Probate of Will and/or Appointment of Executor/Administrator (AOC-805). KRS 395.130; Kentucky Court of Justice forms AOC-805, 805.1, 805.2, 807, 809

Letters testamentaryThe District Court of the county where the decedent lived appoints the executor (with a will) or administrator (without a will) on a Petition for Probate of Will and/or Appointment of Executor/Administrator (AOC-805). The court enters an order probating the will and/or appointing the fiduciary (AOC-805.1, or AOC-805.2 when there is no will); the fiduciary signs an oath (AOC-809) and the clerk issues a Certificate of Qualification (AOC-807), which serves as proof of authority. No bond is required unless the court orders a surety bond to protect the estate or the fiduciary is a public administrator or curator.
Source: KRS 395.130; Kentucky Court of Justice forms AOC-805, 805.1, 805.2, 807, 809
Who can be executorA Kentucky resident 18 or older may serve, as may qualifying banks and trust companies. A nonresident may serve only if related to the decedent by blood, marriage or adoption, or is the spouse of such a relative. For an estate without a will, the court prefers the surviving spouse, then those next entitled to inherit. A bond is not required except for a public administrator or curator, or when the court decides a surety bond is needed to protect the estate.
The bond rule in KRS 395.130 was revised effective July 15, 2026.
Source: KRS 395.005, 395.040, 395.130

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FAQ

How do I get letters testamentary in Kentucky?
The District Court of the county where the decedent lived appoints the executor (with a will) or administrator (without a will) on a Petition for Probate of Will and/or Appointment of Executor/Administrator (AOC-805). The court enters an order probating the will and/or appointing the fiduciary (AOC-805.1, or AOC-805.2 when there is no will); the fiduciary signs an oath (AOC-809) and the clerk issues a Certificate of Qualification (AOC-807), which serves as proof of authority. No bond is required unless the court orders a surety bond to protect the estate or the fiduciary is a public administrator or curator.
Who can be an executor in Kentucky?
A Kentucky resident 18 or older may serve, as may qualifying banks and trust companies. A nonresident may serve only if related to the decedent by blood, marriage or adoption, or is the spouse of such a relative. For an estate without a will, the court prefers the surviving spouse, then those next entitled to inherit. A bond is not required except for a public administrator or curator, or when the court decides a surety bond is needed to protect the estate.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.