OEA L TH OF KECOMMNWRTOF Court TIPETITIONKRS 394.145; 395.015Case No. CCOUCommonwealth of Kentucky Court of Justice www.kycourts.govElex et justitiaUCKYDoc. Code: PPW or PWFNTAOC805 Rev. 1120 Page.

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How to fill out the KY AOC-805 online

The KY AOC-805 form is essential for initiating the probate process in Kentucky. This guide will provide clear and straightforward instructions to assist users in completing this form online.

Follow the steps to complete the KY AOC-805 form online effectively.

  1. Click the ‘Get Form’ button to access the KY AOC-805 form in your online document management system.
  2. Begin filling out the header of the form. Enter the name of the court and the case number once it is assigned. Provide the county and division where the petition will be filed.
  3. In the section labeled 'In re: Estate of,' input the decedent's full name and complete the fields regarding their social security number, birthdate, and date of death.
  4. Fill out the last known address of the decedent, ensuring you capture as much detail as possible.
  5. Indicate whether the decedent died intestate (without a will) or testate (with a will) by checking the appropriate box.
  6. List the names of the surviving spouse, heirs at law, and any next of kin. This section requires their names, relations, ages, and addresses. If more space is needed, use additional paper.
  7. Document the decedent's real estate interests along with their estimated market values. Complete this section comprehensively.
  8. Similarly, provide details about the decedent's personal property, including estimated market values.
  9. Declare any indebtedness to the decedent by indicating the amount owed.
  10. If applicable, attach the decedent's will and specify whom you want to nominate as executor or administrator. Provide their details and a surety, if needed.
  11. Complete the petitioner's signature section, including your printed name and contact information.
  12. If a notary is required, ensure the petition is signed in their presence and that they complete the relevant details.
  13. Review all sections for accuracy before saving your changes. Once finalized, you can download, print, or share the completed form.

Start your online filing of the KY AOC-805 form today to ensure a smooth probate process.

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What is AOC 805?

If a will exists, the next step is filing a petition with a District Court using form AOC-805. This petition asks the court for permission to admit the will to probate and appoint an executor or executrix to administer and settle the estate.

Depending on the size and complexity of your estate, your probate case can last months to over a year. The Kentucky Revised Statute 395.190 requires all probates to stay open for at least six months.

In Kentucky, estates with greater than $15,000 in probate assets are typically subject to probate and must be administered through the probate courts. While people tend to want to avoid probate, it serves the valuable purpose of preventing fraud after someone's death.

At the time of distribution, the beneficiary has a right to a full accounting of the estate by the personal representative (the executor or administrator). If the personal representative does not provide this accounting to the beneficiary, the beneficiary can ask the court to compel an accounting.

All creditors that wish to be paid from the estate are required to file a claims against the estate within 180 days (6 months) from the date the personal representative is appointed. Valid debts can be paid after the six months are up.

Settling the Estate The settlement may not be filed until at least six months from the date the personal representative was appointed. KRS §395.190. If settling the estate takes more than two years, a periodic settlement may be required.

If the executor can sell the property for more than 90 percent of its appraised value then they do not need to get the permission of the beneficiaries or of the court.

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