Kentucky Probate Bond
As of July 15, 2026, Kentucky no longer requires a bond from executors or administrators by default. 2026 Ky. Acts ch. 134 rewrote KRS 395.130: subsection (1) now says no bond shall be required of a personal representative except as provided in subsection (2) — a public administrator or curator appointment, or a District Court judge who decides, at their own discretion, that a bond is needed to protect the estate. That's a full reversal of the old default-bond-unless-waived framework, and most executor and administrator pages describing Kentucky online right now still describe the law that stopped applying a few weeks ago.
Guardian and conservator bonds didn't move — KRS 387.070 still requires bond by default for those roles. This page separates the two, covers what triggers a court-ordered estate bond, and walks through Kentucky's resident-agent rule for nonresident fiduciaries.
Kentucky flipped its default — bond is now the exception, not the rule
2026 Ky. Acts ch. 134 amended KRS 395.130, section 11 of the act, effective July 15, 2026. It also amended the companion statute, KRS 395.105, which governs when a personal representative's appointment takes effect — that section now explicitly cross-references "an executed surety bond when required under KRS 395.130," language that only makes sense once bond became conditional rather than automatic.
Kentucky Personal Representative Bond (KRS 395.130)
Bond Requirement Decrease
Previous Requirement
Required by default
New Requirement
Court-ordered only
This doesn't mean every Kentucky estate is bond-free. It means the burden shifted: instead of a will or unanimous heirs having to affirmatively waive a bond that was assumed to apply, the District Court now has to affirmatively decide one is needed. See how that compares to every other state's default rule — several of which still run fixed multipliers Kentucky no longer uses — in the probate bond cost by state guide.
Two ways a Kentucky District Court still requires bond
"No bond by default" isn't the same as "no bond, period." KRS 395.130(2) keeps two live paths into a bond requirement.
Official Kentucky Requirements
"The court shall order a surety bond of a personal representative appointed under this chapter when the appointment is of a public administrator... or a curator... or the court, in its discretion, determines that a surety bond is required to adequately protect all interests in the estate."Kentucky Legislative Research Commission — Kentucky Revised Statutes • KRS 395.130(2)
Path 1 — the role itself requires it
A public administrator appointed under KRS 395.380 (the county-level official who administers estates with no willing or eligible family fiduciary) or a curator under KRS 395.410 (a temporary, pre-appointment fiduciary) is bonded automatically. No court discretion involved.
Path 2 — the judge decides you need one
For an ordinary executor or administrator, the court may weigh the will or trust's expressed intent (though it isn't bound by it, even a bond waiver) and whether the personal representative is already serving as a fiduciary elsewhere. First-time or nonresident fiduciaries are the more likely candidates.
If bond is required, KRS 395.130(4) has teeth: an executor who doesn't give bond when ordered isn't authorized to act, and if already appointed, is removed. And under (3)(b), any interested party can move at any point to increase, reduce, or substitute the surety on a bond already in place — the number set at appointment isn't necessarily final.
Three Kentucky fiduciary roles, three different bond outcomes
"Probate bond" gets used loosely for roles that now sit on opposite sides of Kentucky's July 2026 dividing line.
Kentucky fiduciary bonds after the July 2026 rewrite
Whether bond is required by default, what triggers it, and who sets the amount
| Role | Bond by default? | What triggers it | Amount set by | Governing statute |
|---|---|---|---|---|
| Executor / Administrator | No (as of July 15, 2026) | Only if the court finds it needed to protect estate interests, weighing will intent and PR experience | District Court, case by case — no statutory multiplier | KRS 395.130(1)-(2)(b) |
| Public administrator / curator | Yes (mandatory, no discretion) | Triggered automatically by the appointment itself | District Court sets the figure | KRS 395.130(2)(a); KRS 395.380, 395.410 |
| Guardian / conservator | Yes (default) | Any appointment except a limited guardian, a will-nominated no-surety request, or a restricted-account deposit | District Court, case by case — no statutory multiplier | KRS 387.070 |
Neither KRS 395.130 nor KRS 387.070 sets a fixed multiplier — both leave the dollar figure to the District Court's discretion, case by case, unlike states that peg the bond to a multiple of estate value.
Out-of-state executor? The order itself designates your resident agent
Kentucky doesn't handle nonresident fiduciaries through a separate registration filing the way some states do. It's built into the same order that appoints you. Form AOC-805.1 — the Order Probating Will; or Probating Will and Appointing Executor/Administrator, revised July 2026 — includes a specific line: "Check if Executor/Administrator is a nonresident," immediately followed by a blank where the court designates a named person, at a stated Kentucky address, as agent for the service of process in any action filed against that fiduciary — whether in their executor/administrator capacity, or personally for something that accrued during administration of the estate.
Separately, KRS 395.170 covers a narrower situation: a nonresident executor or administrator of a nonresident decedent's estate who wants to sue in Kentucky to collect a debt owed to that estate must post bond with a surety who resides in the county where the action is filed before judgment can be entered — separate from, and in addition to, whatever the District Court ordered (or didn't order) at appointment under KRS 395.130.
For the broader mechanics of qualifying as an out-of-state executor — not Kentucky-specific — see our out-of-state executor guide. Kentucky's version is unusual in that the resident-agent designation happens as a line item on the appointment order itself, not a separate filing.
Kentucky runs probate through District Court — but your inventory goes to the circuit clerk
KRS 395.105 is explicit: every fiduciary receives letters of appointment "from the District Court having jurisdiction as fixed by law," and a personal representative's appointment becomes effective once the judge signs the order, any required surety bond under KRS 395.130 is presented to the clerk, and the oath (or declaration) under KRS 395.120 is handled. That's the court that appoints you and, when a bond is ordered, approves it.
But the AOC-805.1 order itself then directs the executor or administrator to file the estate inventory — within 90 days of appointment — with the circuit court clerk's office, not a separately staffed district clerk. That's not an error on your paperwork: in most Kentucky counties, one Circuit Court Clerk's office serves both the circuit and district courts under Kentucky's unified Court of Justice structure, so the appointing court and the filing office are commonly the same building and staff, just referenced by different names depending on which statute or form you're reading. Confirm the exact filing location your county clerk uses before your 90-day inventory deadline.
Getting a Kentucky probate bond filed, if one is ordered
Find out if bond applies to you
Public administrator and curator appointments are automatic. Everyone else: ask whether the District Court intends to exercise its KRS 395.130(2)(b) discretion at your hearing, or whether you're a guardian/conservator under KRS 387.070, which is still default-bonded.
Get your county's District Court and case number
We file on the AOC-825 Fiduciary Bond form your county clerk uses — the same form now covers both estate and guardianship/conservatorship bonds under the July 2026 revision.
Tell us the amount, if the judge set one
No formula to reverse-engineer — we quote to whatever figure the court orders under KRS 395.130(3)(a) or KRS 387.070.
Nonresident? We prep your AOC-805.1 resident-agent line
If you live outside Kentucky, we help you designate the resident agent the court will name on your appointment order.
We deliver the executed bond before your hearing
Filed on the accepted form for your county's Circuit Court Clerk's office, in time for the judge to approve it and sign your appointment order.
Not sure yet whether your District Court will order a bond? Tell us your county and role — we'll help you figure out where you land under the new KRS 395.130.
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Kentucky fiduciaries and estates often need more than the probate bond itself:
Only quote what's ordered
No bond required? We won't quote one you don't need under KRS 395.130
AOC-825 filed correctly
Same official bond form now covers estate and guardian/conservator bonds
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What Kentucky fiduciaries ask about this bond
Do executors and administrators need a bond in Kentucky right now?
Not automatically. Kentucky rewrote KRS 395.130 effective July 15, 2026 (2026 Ky. Acts ch. 134, sec. 11), and the rule flipped: subsection (1) now reads that no bond shall be required of a personal representative except as provided in subsection (2). That's the opposite of the old framework, where bond was the default and a will or heir consent had to waive it. If you were appointed executor or administrator before July 15, 2026 under the prior version of the statute, ask your District Court clerk whether your existing bond obligation carries forward — the new law governs appointments going forward, and we haven't seen guidance yet on how courts are handling bonds already ordered under the old default.
What actually makes a Kentucky District Court order a bond under the new law?
Two paths. First, it's automatic for a public administrator appointed under KRS 395.380 or a curator under KRS 395.410 — those roles still require bond with no discretion involved. Second, for an ordinary executor or administrator, KRS 395.130(2)(b) lets the court order a bond whenever it determines, in its own discretion, that a surety bond is needed to adequately protect all interests in the estate. The statute lists two things the court may weigh: the testator's expressed intent in a will or trust (though the court isn't bound by it, even if the will explicitly waives bond) and the personal representative's experience, including whether they're already acting as a fiduciary in some other matter. A first-time, out-of-state, or otherwise unfamiliar personal representative is a more likely candidate for a court-ordered bond than an experienced local one — even under the new no-bond-by-default framework.
How much will my Kentucky bond be if the court does order one — is there a formula?
No. Unlike states that peg the bond to a fixed multiple of the estate's value, KRS 395.130 gives the District Court no statutory formula to apply — subsection (3)(a) just says the fiduciary provides the bond "as ordered by the court." The judge sets the number based on the estate's actual exposure. It doesn't stop there, either: subsection (3)(b) lets any interested party file a motion at any point after appointment asking the court to reduce or increase the bond, or substitute a different surety. That's a live, ongoing lever in Kentucky that most fixed-multiplier states don't have — your bond amount isn't locked in at appointment.
Did the guardian and conservator bond rules change too?
No — and that's the split worth knowing. The July 2026 rewrite touched KRS Chapter 395 (personal representatives of estates), not KRS Chapter 387 (guardians and conservators of living wards). KRS 387.070 still opens with "no guardian or conservator shall act until" appointed by the proper District Court "and given bond" — bond is still the default there, not the exception. The statute carves out three situations where it isn't required: a limited guardian is exempt outright; a guardian or conservator nominated under KRS 387.040 whose nominating will asked for no surety gets that request honored unless the court finds it imprudent given changed circumstances; and a ward's estate deposited into a restricted account under KRS 387.122 also exempts the fiduciary from surety. Outside those three, plan on posting bond for a guardianship or conservatorship even though an estate executor next door might not need one anymore.
I don't live in Kentucky — do I need a resident agent to serve as executor?
Kentucky's official appointment order handles this directly. Form AOC-805.1 — the Order Probating Will; or Probating Will and Appointing Executor/Administrator, revised July 2026 to match the new statute — includes a specific checkbox: "Check if Executor/Administrator is a nonresident," followed by a line where the court designates a named person, at a stated address, as agent for service of process in any action filed against the executor or administrator, whether in their fiduciary capacity or personally for something arising out of the estate's administration. This isn't optional paperwork for out-of-state fiduciaries — the District Court fills it in as part of the same order that appoints you. Separately, if you're a nonresident executor of a nonresident decedent's estate trying to collect a debt owed to that estate, KRS 395.170 requires a bond with a surety who resides in the county where you're suing before judgment can be entered on that specific claim.
My inventory deadline says "circuit court clerk" — but I was appointed in District Court. Is that a mistake?
It's not a mistake — it's how Kentucky's court clerk offices are organized. Under KRS 395.105, letters of appointment for a personal representative come from the District Court having jurisdiction. But the AOC-805.1 appointment order itself directs that the inventory be filed, within 90 days of appointment, with the circuit court clerk's office. In most Kentucky counties the circuit and district court clerk functions are combined into a single Circuit Court Clerk's office serving both courts, which is why the appointing court and the filing office carry different names on your paperwork even though they're the same building and often the same staff. Confirm the filing location named on your specific county's forms before your 90-day deadline.
All content is researched from official state and federal sources (.gov) and verified before publication. BuySuretyBonds.com works with Treasury-certified, A-minimum rated surety carriers serving all 50 states.
General information, not legal, tax, or underwriting advice. Kentucky probate bond requirements were substantially rewritten by 2026 Ky. Acts ch. 134, effective July 15, 2026 (KRS 395.105, 395.130), and guardian/conservator bonding continues under KRS 387.070 and 395.170. Requirements are set by statute and by each District Court's local practice, and they change over time. Confirm the current requirement with the District Court handling your matter — and with Kentucky probate counsel on appointment questions — before relying on this page, then request a quote for your specific bond form and amount.
Find out if your Kentucky estate even needs a bond
Tell us your county, your role, and whether the District Court has ordered anything yet. We'll tell you where you stand under the new KRS 395.130 and file the bond if one applies — free quote, no obligation.
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