Kentucky’s 2026 Probate Changes: What Senate Bill 50 Means for Families and Executors

If you are opening a probate case in Kentucky, or you are a family member watching a loved one’s estate move through district court, the process looks a little different than it did a year ago. Senate Bill 50 (2026 Ky. Acts ch. 134) took effect on July 15, 2026. It changed how estate values are reported, who can see them, and how personal representatives are appointed.

At a Glance

  • Property values no longer appear on the petition for probate (AOC-805).
  • A separate, sealed Financial Disclosure (AOC-808) is now filed with the application for appointment.
  • The inventory deadline moved from 60 to 90 days, and the inventory is also filed under seal.
  • Financial Disclosures, Inventories, and Settlements are no longer viewable online through CourtNet.
  • A new Declaration of Oath of Fiduciary (AOC-809) is required, and some appointments may now happen without a hearing.
  • Heirs and beneficiaries still have the right to see the sealed financial documents.
  • Wolfe & Houlehan offers a $1,000 flat-fee, limited-scope probate document package for executors and administrators, as well as full-service representation.

Property Values Are Off the Petition

For decades, the Kentucky petition for probate asked for the known values of the decedent’s real and personal property. Anyone who pulled the court file could see a snapshot of what the estate was worth.

That is no longer the case. The current Petition for Probate, AOC-805 (Rev. 7-26), no longer has a property-values section. Estate values are now reported on a separate, sealed document, explained below.

The New Financial Disclosure (AOC-808)

Instead, values now go on a separate document: the Financial Disclosure, AOC-808 (Rev. 7-26), which must be filed with the application for appointment. The disclosure lists approximate, good-faith values of:

  • the decedent’s real estate (excluding joint survivorship property); and
  • the decedent’s personal property, including household goods, jewelry, collectibles, stocks, bonds, bank accounts, retirement accounts, and insurance payable to the estate.

The form itself is stamped “CLERK: FILE UNDER SEAL PURSUANT TO KRS 395.015.”

Who Can See It

Under KRS 395.015(3)(c), the Financial Disclosure is confidential, placed under seal, and disclosed only to:

  • the personal representative;
  • the personal representative’s attorney;
  • any beneficiary or heir at law;
  • the Department of Revenue, as required by subsection (9) and KRS 395.250; or
  • others by court order on good cause, which includes a creditor who has filed a verified claim.

KRS 395.015(3)(d) adds that good cause cannot rest solely on the fact that the decedent was a public official or public figure.

The Inventory: More Time, More Privacy

The deadline for filing the estate inventory moved from 60 days to 90 days.

Like the disclosure, the inventory is now confidential and filed under seal under KRS 395.250. Anyone given access to sealed records may not copy or release the information without court authorization, and doing so can be treated as contempt of court. If you receive these documents as an heir or beneficiary, treat them as confidential.

CourtNet and Redacted Copies

On July 15, 2026, CourtNet was updated so that images of Financial Disclosures, Inventories, and Settlements are no longer visible online. Because these documents are now protected, redacted copies of them are no longer required.

A New Oath and, Sometimes, No Hearing

SB 50 also brought a new Declaration of Oath of Fiduciary, AOC-809 (Rev. 7-26). The law allows an appointment to be made without a hearing in some cases when a notarized oath is submitted.

Courts are putting this into practice in their own ways. Jefferson District Court, for example, began reviewing uncontested appointment petitions off the docket starting September 8, 2026, unless the court decides a hearing is needed. We have not found a Fayette County-specific order on this point, and local practice may vary from county to county. If your case is in Fayette or elsewhere in Central Kentucky, confirm how that court is handling appointments before assuming a hearing will, or will not, take place.

What This Means for Heirs and Beneficiaries

You Can Still See the Numbers

The public can no longer browse estate values, but heirs and beneficiaries still can. If you are an heir with concerns about how an estate is being handled, you have the right to request the Financial Disclosure and the inventory.

Timing Matters

If you have concerns about who should serve as personal representative, objecting before the fiduciary is appointed, at or before the appointment hearing, is often easier than trying to remove one later. With some appointments now happening without a hearing, that window may be shorter than you expect. Find out early whether a hearing will even be held.

Read Waivers Carefully

You may be asked to sign an Affidavit of Waiver of Appointment (AOC-815). This form lets an heir tell the court, in advance, where they stand on the proposed appointment so the case can move forward. It is not all-or-nothing. You can choose which waivers to check:

  • No objection to the appointment of the proposed personal representative;
  • Waiver of the hearing on the appointment; and/or
  • Waiver of notice.

Each box gives up something different. Waiving notice, for example, may mean you do not receive formal notice of the appointment proceedings. Don’t sign a waiver casually, especially now that a waived hearing may mean no hearing at all. If you are comfortable with the proposed fiduciary but want to stay informed, you may decide to check only some of the boxes.

What This Means for Personal Representatives

If you are opening a probate case:

  • Use the current Rev. 7-26 forms, including the AOC-805 petition, the AOC-808 Financial Disclosure, and the AOC-809 Declaration of Oath of Fiduciary.
  • Prepare good-faith value estimates for the Financial Disclosure at the start of the case.
  • Calendar the 90-day inventory deadline.
  • Remember that heirs and beneficiaries are entitled to see the disclosure and inventory, so accuracy and transparency still matter.
  • Check local practice on whether your appointment will be decided with or without a hearing.

Sources

A Flat-Fee Option: Limited-Scope Probate Package

SB 50 added new pieces to the process: revised forms, a sealed Financial Disclosure, a 90-day inventory deadline, and a new oath of fiduciary. With some appointments now handled without a hearing, there may be fewer chances to catch a mistake in court. That makes getting the paperwork right from the start more important than ever.

For executors and administrators who want professional help without full representation, Wolfe & Houlehan offers a bundled, limited-scope representation package. For a $1,000 flat fee, the firm drafts all of the documents needed to complete the probate process.

How Limited-Scope Representation Works

Under this arrangement, Joe Wolfe does not formally enter an appearance on the court record for the executor or administrator. The personal representative files the documents and appears in court on their own, but with professionally prepared paperwork. The exact scope of the firm’s services is set out in a written agreement.

Kentucky Inheritance Tax Returns

If the estate has a Class B and/or Class C beneficiary under Kentucky’s inheritance tax, the firm can also prepare the Kentucky inheritance tax return for an additional $500 flat fee. In general, Class A beneficiaries (the closest family members) are exempt from Kentucky inheritance tax. Class B and Class C beneficiaries, who are generally more distant relatives and non-relatives, may owe it.

Full-Service Representation

Some estates need more hands-on help, such as contested matters, estates with complex assets, or situations where the personal representative would rather not handle court filings and appearances alone. For those estates, the firm offers full-service representation. Joe formally enters his appearance and represents the executor or administrator on the record. Full-service representation is billed hourly at $300 per hour, reduced to $250 per hour when invoices are paid on time.

Who Pays the Fee

Legal fees for administering an estate count as an expense of the estate. That means they are generally paid from estate funds, not out of the personal representative’s own pocket.

Talk With a Kentucky Probate Attorney

Whether you are opening an estate or have questions about how a loved one’s estate is being handled, Wolfe & Houlehan PLLC can help you understand your options under the new rules, whether you need our $1,000 flat-fee, limited-scope document package or full-service representation. Call us at (859) 444-4693 or visit our office at 226 North Upper Street, Lexington, KY 40507.

This article provides general information about Kentucky law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, consult an attorney.