Quick answer: an executor is named in a valid will and appointed by the District Court. An administrator is appointed when there's no will (or no willing/able named executor). The 5% fee cap is identical for both. See how this affects your own estimate in the Kentucky probate timeline calculator.
Side by side
| Executor | Administrator | |
|---|---|---|
| Appointed via | Named in a valid will | Court appointment, intestacy priority rules |
| Petition form | AOC-805 | AOC-805 (same form) |
| Bond typically required? | Often waived if the will says so | Generally required, absent a waiver |
| Fee cap | KRS 395.150 (5% + 5%) | KRS 395.150 (same cap) |
When there's no will
Priority to serve: without a valid will, Kentucky's intestacy rules determine who has priority to be appointed administrator — typically starting with a surviving spouse, then children, then more distant relatives. When multiple people share equal priority, resolving that with the District Court can add time before Letters are issued at all — and since Kentucky's creditor clock only starts once someone is appointed, that delay pushes the whole schedule back.
The bond difference is often the bigger practical gap
Many wills specifically waive the bond requirement for a named executor, which is common and saves both cost and time. An administrator appointed without a will, by contrast, generally must post a bond absent a similar waiver — adding an extra step, and often real cost, that an executor working from a well-drafted will may skip entirely.
Facing probate in Kentucky?
Talk to a Kentucky attorneyA local probate attorney can review your estate — many offer a free consultation.