Form AOC-805 at a glance
What it is: AOC-805 is the PETITION FOR PROBATE OF WILL; AND/OR APPOINTMENT OF EXECUTOR/ADMINISTRATOR.
Notary: Subscribed and sworn to before me by (name) on (month/day/year) in the county of (county), (state), with the Name/Title.
A filled-in Form AOC-805 example: a widow petitions to probate her husband's Will
How to fill out Form AOC-805, box by box
Case No., Court, County and Division
At the top, enter the Case No., the Court, the County and the Division.
IN RE: Estate of
Under IN RE: Estate of, enter the Name of Decedent.
Enter the Address, the Date of Death, the Date of Birth* and the SSN*.
*Note to filer, for the Date of Birth* and SSN*: Personal data (social security number, birth date, financial-account number) must be redacted pursuant to CR 7.03.
Instructions on redaction can be found at www.kycourts.gov.
PETITION FOR (check one)
Under PETITION FOR, check one: A. PROBATE OF WILL, B. PROBATE OF WILL AND APPOINTMENT OF EXECUTOR/ADMINISTRATOR or C. APPOINTMENT OF ADMINISTRATOR (NO WILL).
Comes Petitioner
After Comes Petitioner, enter the Petitioner.
1. Decedent died (check one)
At 1., check one: Decedent died testate (with a Will) or intestate (without a Will).
3. surviving spouse, heirs at law and next of kin
At 3., enter the names of the surviving spouse, heirs at law and next of kin known to Petitioner; if Petitioner is the executor named in the Will, only the surviving spouse, if applicable, must be provided.
For each one, enter the Name, Relation, Age, Address and Email.
Use additional paper if necessary to complete item no. 3.
4. Petitioner is indebted to or owes Decedent
At 4., enter what Petitioner is indebted to or owes Decedent.
5. Petitioner applies for probate of Decedent's Will
At 5., check if Box A. or B. is checked on page 1, then check one: original offered this date, or will be offered prior to or at the time of appointment.
Enter the Name/Address of person to whom the Will admitted to probate and recorded with the county clerk is to be returned under KRS 394.300.
6. Petitioner prays be appointed
At 6., check and complete if Box B. or C. is checked on page 1: Petitioner prays, whose address is entered, be appointed, and check one: Executor/Administrator of the offered Will or Administrator of Decedent's estate.
6. fiduciary in another matter or nonresident of this state
Check if applicable: The person to be appointed is currently acting as a fiduciary in another matter.
Check if applicable: The person to be appointed is a nonresident of this state and designates a resident of this county as his/her agent for the service of process in any action filed against him/her as executor/administrator or personally, provided that such personal action accrued in the administration of the estate.
7. surety bond
At 7., complete if Box B. or C. is checked on page 1.
If the court determines that a surety bond is required, Petitioner prays a surety bond in the amount be approved, and Petitioner offers as surety on the bond the Name/Address of Surety; check if applicable: Decedent's Will expressed an intent that a surety bond not be required.
Petitioner's Signature
Sign on the Petitioner's Signature line and enter the Phone No.
Enter the Name (Printed), the Address and the Email.
Complete if Petitioner is represented by counsel
Complete if Petitioner is represented by counsel. By signing, the attorney certifies this Petition was prepared or subscribed by the undersigned in accordance with CR 11, with Attorney's Signature, Phone No., Name (Printed), Address and Email.
More rules for Form AOC-805
Upon appointment, I agree to faithfully execute the duties required by law, and such additional duties ordered by the court, and that I am subject to removal as a fiduciary if I fail to perform the required duties, and subject to possible civil and criminal penalties for improper conversion of any property I hold as a fiduciary.
For Notaries: My commission expires and My notary ID number is.
Common questions about Form AOC-805
Does it need a notary?
Subscribed and sworn to before me by (name) on (month/day/year) in the county of (county), (state), with the Name/Title.
Is there a penalty?
By signing, you declare under the penalties of perjury of the laws of the Commonwealth of Kentucky, which may include a fine or imprisonment, true and correct.
Sources
[1] Form AOC-805 (Rev. 7-26), Petition for Probate of Will; and/or Appointment of Executor/Administrator, Kentucky Court of Justice (the Official source link on this page).