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Kentucky Last Will and Testament

Kentucky requires 2 witnesses to sign a will, and no notary is needed. Make a free Kentucky last will and testament template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property and names the executor (personal representative) who will administer your estate after you die. It can also name a guardian for your minor children. In Kentucky, a valid attested will must be in writing, signed by the testator (or by someone else in the testator's presence and at their direction), and signed by two credible witnesses who subscribe their names in the presence of the testator and of each other, under KRS Section 394.040. Kentucky also recognizes a holographic will if it is wholly in the testator's own handwriting and signed, because the two-witness rule in KRS Section 394.040 applies only when the will is not wholly written by the testator. No notary is required for the will itself; a notary is only used for the optional self-proving affidavit under KRS Section 394.225, which lets the will be admitted to probate without live witness testimony. To make a Kentucky will you must be at least 18 years old and of sound mind under KRS Section 394.020. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the executor (personal representative, called an executor under Kentucky law) who will administer your estate after you die. It can also name a guardian for your minor children.

  2. 2

    Kentucky requires two witnesses. Under KRS Section 394.040, if the will is not wholly written by the testator, the testator's signature must be made or acknowledged in the presence of at least two credible witnesses, who subscribe the will in the presence of the testator and of each other.

  3. 3

    Do not name a beneficiary as a witness. Under KRS Section 394.210, if a will is attested by a person to whom (or to whose spouse) a beneficial interest is left, that devise or bequest is void, unless the witness would otherwise inherit an intestate share, in which case they receive only that share.

  4. 4

    Kentucky recognizes a self-proving affidavit. Under KRS Section 394.225, the testator and witnesses may sign a sworn affidavit before an officer authorized to administer oaths, such as a notary public, which lets the will be admitted to probate without needing a witness to testify.

  5. 5

    Handwritten (holographic) wills are valid if wholly in the testator's handwriting. KRS Section 394.040 exempts a will that is wholly written by the testator and signed by the testator from the two-witness subscription requirement.

  6. 6

    No notary is required to sign the will itself. Kentucky's execution formality is two witnesses, not notarization (KRS Section 394.040). A notary is used only for the optional self-proving affidavit under KRS Section 394.225.

  7. 7

    You must be 18 and of sound mind, and you can revoke your will later. KRS Section 394.020 requires the testator be of sound mind and at least 18 years old. KRS Section 394.080 allows revocation by a later will or codicil, by a signed writing declaring intent to revoke executed the same way a will is executed, or by a physical act such as tearing, burning, or canceling the will with intent to revoke; KRS Section 394.092 also revokes gifts and appointments to a former spouse after divorce or annulment, unless the will says otherwise.

Key decisions before you file

Before you file a Last Will and Testament in Kentucky, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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KENTUCKY LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Kentucky, being of sound mind and eighteen years of age or older, declare this to be my Last Will and Testament and revoke all prior wills and codicils made by me.

  2. EXECUTOR (PERSONAL REPRESENTATIVE) APPOINTMENT I appoint [EXECUTOR NAME] of [CITY], Kentucky, as Executor of my estate. If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor Executor. My Executor shall have the powers granted to a personal representative under Kentucky law, including the authority to gather and manage estate assets, pay valid debts, funeral expenses, and administration costs, and distribute the remaining property to the beneficiaries named in this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here, describing each item or sum of money and naming the beneficiary who receives it. Add as many gifts as needed.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, including any property I acquire after signing this will, to [RESIDUARY BENEFICIARY NAME(S)]. If a named beneficiary does not survive me, that share passes to [ALTERNATE BENEFICIARY NAME(S)].

  5. ATTESTATION CLAUSE I signed this will, or acknowledged my signature on it, in the presence of the two witnesses named below, who at my request and in my presence, and in the presence of each other, subscribed their names as witnesses, as required by KRS Section 394.040.

Signed: _____________________ Date: ________ [TESTATOR NAME], Testator

We, the undersigned, each declare that the testator signed this will in our presence, or acknowledged it to us as the testator's will, and that we sign below as witnesses in the presence of the testator and of each other.

Witness 1 signature: _____________________ Print name: _____________________ Address: _____________________ Witness 2 signature: _____________________ Print name: _____________________ Address: _____________________

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Kentucky recognizes a self-proving affidavit under KRS Section 394.225. The testator and both witnesses may sign this affidavit before an officer authorized to administer oaths, such as a notary public, which lets the will be admitted to probate without live witness testimony.

STATE OF KENTUCKY, COUNTY OF [COUNTY] [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, declare to the officer that the testator signed this instrument as their will, signed it willingly, and that each witness signed in the presence of the testator and of each other.

_____________________ Testator _____________________ Witness 1 _____________________ Witness 2

Subscribed and sworn before me this ___ day of ______, 20.

Notary Public, State of Kentucky My commission expires: ________

Note: This is a Kentucky skeleton, not the complete will. Under KRS Section 394.040 a Kentucky will needs two credible witnesses who sign in the testator's presence and in the presence of each other, unless the will is wholly in the testator's own handwriting. Do not name a beneficiary as a witness: under KRS Section 394.210, a devise to an attesting witness (or that witness's spouse) is void unless the witness would otherwise inherit as an heir. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Kentucky in about a minute, and notarize it online through DocDraft if it does.

Kentucky Requirements for Last Will and Testament

Sign With Two Credible Witnesses

Unless the will is wholly in the testator's own handwriting, KRS Section 394.040 requires the testator's signature to be made or acknowledged in the presence of at least two credible witnesses, who subscribe the will with their names in the presence of the testator and of each other.

Do Not Use a Beneficiary as a Witness

Under KRS Section 394.210, if a will is attested by a witness to whom (or to whose spouse) a beneficial interest is devised or bequeathed, that gift is void, unless the witness would otherwise take an intestate share, in which case the witness receives only up to the value of that share.

No Notary Required for the Will Itself

Kentucky's execution formality for a will is two witnesses, not a notary. KRS Section 394.040 requires witness subscription and does not require notarization of the will document itself.

Optional Self-Proving Affidavit Requires a Notary

Kentucky recognizes a self-proving affidavit under KRS Section 394.225. The testator and witnesses acknowledge and swear to the will before an officer authorized to administer oaths, such as a notary public, which lets the will be admitted to probate without live witness testimony.

Holographic Wills Are Valid If Wholly Handwritten

KRS Section 394.040 exempts a will that is wholly written by the testator and signed by the testator from the two-witness subscription requirement that otherwise applies to attested wills.

Meet the Minimum Age and Capacity Standard

A Kentucky testator must be of sound mind and at least 18 years of age, under KRS Section 394.020, to make a valid will.

Revoke a Will Only by a Recognized Method

KRS Section 394.080 allows revocation only by a later will or codicil, by a separate signed writing declaring intent to revoke and executed the same way a will is required to be executed, or by a physical act (cutting, tearing, burning, obliterating, or canceling) done with intent to revoke. KRS Section 394.092 also revokes gifts and appointments to a former spouse after divorce or annulment, unless the will expressly provides otherwise.

Appoint an Executor (Personal Representative)

Name an Executor, and a successor Executor, to administer your Kentucky estate: gather and manage assets, pay valid debts, and distribute property under the will. Kentucky law refers to this role as the executor or personal representative (see, for example, the eligibility language in KRS Section 394.020).

Does your Last Will and Testament need to be notarized in Kentucky?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A Kentucky will that is not wholly in the testator's own handwriting needs two credible witnesses. Under KRS Section 394.040, the testator's signature must be made or acknowledged in the presence of at least two witnesses, who then sign in the presence of the testator and of each other. Avoid using a beneficiary as a witness. Under KRS Section 394.210, a gift to an attesting witness (or the witness's spouse) is void unless that witness would inherit anyway as an heir, in which case they receive only that smaller share.

No. A Kentucky will is executed with two witnesses, not a notary, under KRS Section 394.040. A notary is only involved if you choose to add an optional self-proving affidavit under KRS Section 394.225, where the testator and witnesses swear to an officer authorized to administer oaths, such as a notary, so the will can be probated without live witness testimony.

Yes, if it is wholly written in the testator's own handwriting and signed by the testator. KRS Section 394.040 exempts a will that is wholly written by the testator from the two-witness requirement that otherwise applies. A will that mixes typed and handwritten content, or that is only partly in the testator's handwriting, does not qualify for this exemption and needs two witnesses.

Put your wishes in writing, name an executor and beneficiaries, and sign the document yourself (or have someone sign for you in your presence and at your direction). Unless the will is wholly in your own handwriting, sign it in front of two credible witnesses who then sign in your presence and each other's presence, per KRS Section 394.040. You must be at least 18 and of sound mind under KRS Section 394.020.

A valid Kentucky will is in writing, signed by a testator who is 18 or older and of sound mind (KRS Sections 394.020 and 394.040), and either wholly in the testator's handwriting or signed in the presence of two credible witnesses who subscribe their names in the presence of the testator and of each other. Avoiding interested witnesses under KRS Section 394.210 keeps the gifts in the will from being voided.

A self-proving affidavit is an optional sworn statement, signed by the testator and witnesses before a notary or other officer authorized to administer oaths, under KRS Section 394.225. It lets a Kentucky will be admitted to probate without requiring a witness to testify or be located, which can simplify and speed up probate.

You must be at least 18 years old and of sound mind to make a valid will in Kentucky, under KRS Section 394.020.

Under KRS Section 394.080, you can revoke a Kentucky will by making a later will or codicil, by signing a separate writing that declares your intent to revoke, executed the same way a will must be executed, or by a physical act, such as cutting, tearing, burning, obliterating, or canceling the will with the intent to revoke it. Divorce or annulment also automatically revokes gifts and appointments made to a former spouse under KRS Section 394.092, unless the will expressly provides otherwise.