Kentucky Last Will and Testament

Introduction

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.

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).