Everything you need to know about Kentucky Form AOC-860, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related KY probate forms.
There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.
Affidavit For Probate Fee Exemption And Order is a commonly used form within Kentucky. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit For Probate Fee Exemption And Order:
This form pertains to the State of Kentucky
The current version of this form was last revised on June 1, 2012
The official Kentucky source for this form is here.
Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Kentucky’s Form AOC-860 - Affidavit For Probate Fee Exemption And Order up to date, certain details can change from time-to-time with little or no communication.
Double check that you have both the correct form name and the correct form ID. Some Kentucky probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.
Fill out all relevant fields in Form AOC-860, take a break, and then review. Probate and estate settlement processes in KY are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!
Note: If you don’t currently know all of the answers and are accessing Form AOC-860 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).
Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.
This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.
It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.
Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?
👉 Find and Contact your Local Probate Court
👉 What is a Domicile Jurisdiction?
Different probate forms or processes can require different deadlines or response times for completing the appropriate form.
While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.
Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Kentucky.
The sooner you begin, the faster Kentucky can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?
In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.
Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.
It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Kentucky. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.
If a house in the State of Kentucky is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.
If you’re not using Atticus to get specific forms, deadlines, and timelines for Kentucky probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Kentucky probate clerk or court for exact answers regarding Form AOC-860, and when in doubt— consult a qualified trust & estates lawyer for that area.
Affidavit For Probate Fee Exemption And Order is one of the many probate court forms available for download through Atticus.
It may also be available through some Kentucky probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Kentucky.
While Atticus automatically provides the latest forms, be sure to choose the correct version of Form AOC-860 - Affidavit For Probate Fee Exemption And Order f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Kentucky probate court office.
Affidavit For Probate Fee Exemption And Order is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Kentucky-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.
Form AOC-860 - Affidavit For Probate Fee Exemption And Order is a probate form in Kentucky.
Kentucky has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Kentucky.
During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.
Probate in Kentucky, especially without guidance, can take years to finish and cost upwards of $14,000.
What is probate, exactly?
Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).
All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate.
To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate.
Where can I get help with Probate?
The best place? Create an account in Atticus to start getting estate-specific advice.
You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make the best decisions (plus you can write it off as an executor expense).
We’ve also created a list of other probate services. Be sure to check it out!
What does a KY executor or personal representative have to do?
An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone.
The executor is responsible for the complete management of the probate process, including major responsibilities such as:
Creating an inventory of all probate assets.
Filling out all necessary forms
Paying off all estate debts and taxes
Submitting reports to the court and beneficiaries as requested
And much more. This process often stretches longer than a year.
For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding.
Here’s the text, verbatim, that is found on Kentucky Form AOC-860 - Affidavit For Probate Fee Exemption And Order. You can use this to get an idea of the context of the form and what type of information is needed.
I, the undersigned Affiant, hereby swear and affirm that I am submitting the estate of: ___________________________ _______________________________________________. [ ] a person whose spouse or surviving children are eligible for state death gratuity death benefits(the estate of any police officer, sheriff, deputy sheriff, corrections employee with the power of a peace officer pursuant to KRS 196.037, any metropolitan or urban-county correctional officer with the power of a peace officer pursuant to KRS 446.010, any jailer or deputy jailer, any auxiliary police officer appointed pursuant to KRS 95.445, or any citation or safety officer appointed pursuant to KRS 83A.087 and 83A.088, firefighter, or member of the Kentucky National Guard on state active duty pursuant to KRS 38.030, or a member of a state National Guard or a Reserve component on federal active duty under Title 10 or Title 32 of the United States Code who names Kentucky as home of record for military purposes, whose death occurs on or after July 1, 2002, as a direct result of an act in the line of duty). OR [ ] a regular member of the United States Armed Forces who names Kentucky as home of record for military purposes, whose death occurred as a direct result of an act in the line of duty. Accordingly the estate is exempt from all probate fees, including but not limited to those established by the Supreme Court of Kentucky pursuant to KRS 23A.200 and 24A.170, or imposed under KRS 24A.185, 64.012, and 172.180. Submitted this _____ day of __________________, 2_____. ____________________________________ ______________________________________ Affiant/Petitioner&#x26;#x2019;s Name (Please Print) Affiant/Petitioner&#x26;#x2019;s Signature Case No. ____________________ Court _______________________ County ______________________ AOC- 860 Doc. Code: AFPFE Rev. 6-12 Page 1 of 1 Commonwealth of Kentucky Court of Justice www.courts.ky.gov KRS 23A.200; 24A.170; 24A.185; 61.315; 64.012; 172.180 AFFIDAVIT FOR PROBATE FEE EXEMPTION AND ORDER lex et justitia C O M M O N W E A L T H O F K E N T U C K Y C O U R T O F J U S T I C E Subscribed and sworn before me by petitioner on _________________________________, 2_______. My commission expires _____________________. _____________________________________________________ Name/Title Clerk: If this form is filed with a petition to probate an estate, collect no filing fees and present to the judge for signature. ORDER IT HEREBY ORDERED [ ] that the above-styled estate is exempt from all probate fees pursuant to KRS 61.315. [ ] that the above-styled estate is not exempt from all probate fees. The petitioner is hereby directed to pay the appropriate fees to the office of the Circuit Clerk within 30 days of this order. SO ORDERED this _____ day of _______________ 2____. ___________________________________________ Judge Distribution: File Petitioner County Clerk District/Probate