Updated September 7, 2026. Quick answer: In Kentucky, as amended effective July 15, 2026 (2026 Ky. Acts ch. 134, sec. 11), Kentucky reversed its historical rule: no bond is now required of a personal representative by default. The court must order a surety bond only when the appointee is a public administrator or curator, or when the court in its discretion determines a bond is necessary to adequately protect all interests in the estate.
Does Kentucky require an executor to post a bond?
As amended effective July 15, 2026 (2026 Ky. Acts ch. 134, sec. 11), Kentucky reversed its historical rule: no bond is now required of a personal representative by default. The court must order a surety bond only when the appointee is a public administrator or curator, or when the court in its discretion determines a bond is necessary to adequately protect all interests in the estate.
“No bond shall be required of a personal representative appointed under this chapter except as provided in subsection (2) of this section.”
Source: KRS § 395.130 (as amended by 2026 Ky. Acts ch. 134, sec. 11, eff. July 15, 2026)
Can the will waive it in Kentucky?
Sometimes. Because bond is no longer required by default, there is usually nothing for a will to waive; where the court is deciding whether to impose a bond in its discretion, it ‘may consider’ the testator’s expressed intent under a will or trust, but the statute states the court ‘shall not be bound by the expressed intent.’
Can the heirs or beneficiaries waive it in Kentucky?
No. No heir-consent waiver mechanism appears in the current text; once a bond is court-ordered, only the court (on any interested party’s motion) may reduce/increase the amount or permit substitution of sureties.
If a bond is required, how much?
When a bond is required, Kentucky sizes it at 100% of the estimated value of the personal estate plus expected annual income, per its own bond-amount statute.
“the floor is the estimated value of the estate in the fiduciary’s charge…the court has discretion to set it higher”
Source: KRS 395.130 (as amended eff. July 15, 2026); floor set via KRS 62.060
What makes Kentucky different
Kentucky just reversed a longstanding default-bond-required rule via a mid-2026 rewrite. The new rule not only makes bond exceptional and discretionary but expressly denies binding effect to the will’s own bond instructions; a stance not seen in any of the other states researched.
| Bond-requirement source | KRS § 395.130 (as amended by 2026 Ky. Acts ch. 134, sec. 11, eff. July 15, 2026) |
| Kentucky courts (general reference) | Kentucky judicial branch |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Kentucky.