What Do I Do When Someone Dies in Kentucky?

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Designee or alternate designee designated in a Funeral Planning Declaration under KRS 367.93101 to 367.93121, or the person named on the U.S. Department of Defense Record of Emergency Data, DD Form 93, if the decedent died in active military service under KRS 36.440; then Surviving spouse; then Surviving adult children, or a majority of them if more than one (less than half may act with reasonable-efforts notice and written attestation of no known opposition); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $30,000.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: AOC-805 (Petition for Probate of Will; and/or Appointment of Executor/Administrator). File with the District Court (Probate Division). E-filing is available, and is mandatory for attorneys. Filing fee $90. Typical duration: 6-24 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters of Appointment are issued by the District Court judge signs the order probating/appointing; the Circuit Court Clerk then issues the Certificate of Qualification (AOC-807) and certified copies of the order, which serve as the letters of appointment. The state's title for the role is Personal Representative (executor if testate; administrator if intestate). The Letters document is official form AOC-807 (Certificate of Qualification). Typically filed with the petition: Certified copy of the death certificate — commonly requested by the Circuit Court Clerk at intake, but NOT required by KRS 395.015, KRS 394.145 or the AOC-805 form itself; confirm with the county Circuit Court Clerk; Original will and any codicils, presented to the District Court for probate and recorded by the county clerk (KRS 394.140; KRS 394.300); Written application/petition under oath listing the surviving spouse and heirs-at-law (AOC-805), filed in duplicate (KRS 395.015); Separate written general financial disclosure statement of the decedent’s property, on AOC-808 "Financial Disclosure" (Doc. Code DF, Rev. 7-26), filed under seal with the application and confidential (KRS 395.015(3); required for applications filed on or after July 15, 2026 under 2026 Ky. Acts ch. 134); Proof of the will by a subscribing witness, unless self-proved or holographic (KRS 394.225-394.235, 394.040); Fiduciary Bond (AOC-825, Rev. 7-26) only when the court orders surety under KRS 395.130(2) — no bond is required by default for applications on or after July 15, 2026; Oath of the fiduciary, or the written declaration the amended statute permits in lieu of an oath, on AOC-809 "Declaration of Oath of Fiduciary" (Doc. Code DOF, Rev. 7-26) (KRS 395.120; KRS 62.030).