The 55-year-old, a prisoner within HMP Addiewell, died in hospital on 2 March 2021.
Mr Kelly was in legal custody and in the care of the state at the time of his death.
A Preliminary Hearing will be held on 29 May 2026 at Livingston Sheriff Court.
The purpose of an FAI includes determining the cause of death, the circumstances in which the deaths occurred, and to establish what reasonable precautions could have been taken to minimise the risk of future deaths in similar circumstances.
Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than apportion blame.
The death was investigated by the Covid Deaths Investigation Team within COPFS.
Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said:
“The death of Patrick Kelly occurred while in legal custody and as such a Fatal Accident Inquiry is mandatory.
“The lodging of the First Notice enables FAI proceedings to commence under the direction of a Sheriff.”
Further information
For more information on Fatal Accident Inquiries see the Crown’s guide