How to Make a Valid Will in Kentucky
Kentucky has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in KY.
Kentucky Will Requirements at a Glance
Who Can Make a Will in Kentucky?
You must be at least 18 years old to make a will in Kentucky. No statutory exceptions for minors. The testator must be of sound mind and over 18 years old (KRS 394.020)
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and by the testator's direction (KRS 394.040).
Witness Requirements in Kentucky
Kentucky requires 2 witnesses. Must be credible witnesses. The testator must sign or acknowledge the will in the presence of two credible witnesses who must subscribe in the testator's presence (KRS 394.040).
Interested witnesses: A devise or bequest to a subscribing witness is void unless there are two other disinterested subscribing witnesses (KRS 394.210)
Notarization in Kentucky
Notarization is not required for a will to be valid in Kentucky. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
Kentucky allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (KRS 394.225)
Handwritten (Holographic) Wills
Kentucky does recognize holographic wills. Valid if wholly in the testator's handwriting and signed by the testator. Must be proven by two witnesses to the testator's handwriting (KRS 394.040)
Electronic Wills
Kentucky does not currently recognize electronic wills. Kentucky does not currently have an electronic wills statute
How to Revoke a Will in Kentucky
In Kentucky, a will can be revoked by:
- •Executing a subsequent will or codicil
- •Physical destruction (burning, tearing, canceling, obliterating) by the testator or by another at the testator's direction
KRS 394.080
Special Provisions in Kentucky
Kentucky is a separate property/common law state. Surviving spouse has a dower/curtesy interest and may renounce the will and take a statutory share (KRS 392.020). Kentucky also has a state inheritance tax (rates vary by class of beneficiary). Kentucky is one of only a few states with both an inheritance tax and dower rights
Relevant Kentucky Statutes
- KRS 394.020 (Who may make a will)
- KRS 394.040 (Execution of wills; holographic wills)
- KRS 394.080 (Revocation)
- KRS 394.210 (Interested witnesses)
- KRS 394.225 (Self-proved wills)
- KRS 392.020 (Renunciation by surviving spouse)
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