Skip to main content

Find the estate planning form that’s right for you.

Close

Okay, let’s get started!

Do you want to talk to a lawyer about your estate planning needs?

You may have a unique situation or have specific questions about what is right for you and your family. In these cases, it may be best to talk to an attorney.
Close

Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
Close

Great! Let’s keep going.

Do you have children from a previous relationship or a child with special needs?

There are special considerations to make if you have a blended family or a child with special needs. In these cases, it may be best to talk to an attorney.
Close

Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
Close

Good to know! You’re doing great.

Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
Close

Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
Close

Okay! You’re good at this.

Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
Close

Good to know! How about this next one?

Do you have a spouse with similar needs?

Close

Got it! How about this next one?

Do you have minor children?

If you have minor children, you will want to name a guardian for them.
Close

Sounds good! Let’s continue.

Do you have pets?

If you have a pet or pets, you will want to name someone to care for them.
Close

Understood! You’re doing great.

Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
Close

Okay! We’re making great progress.

Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.
Close

Noted! Just a few more questions.

Do you want to decide how your property is distributed when you pass away?

Close

Sounds good! We’re almost done.

Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
Close

Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Close

Good to know! How about this next one?

Do you have a spouse with similar needs?

Close

Good to know! How about this next one?

Do you have a spouse with similar needs?

Close

Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Close

Good to know! How about this next one?

Do you have a spouse with similar needs?

Close

Good to know! How about this next one?

Do you have a spouse with similar needs?

Close

Sounds good! We’re almost done.

Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
Close

Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Close

Good to know! How about this next one?

Do you have a spouse with similar needs?

Close

Good to know! How about this next one?

Do you have a spouse with similar needs?

Close

Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Close

Good to know! How about this next one?

Do you have a spouse with similar needs?

Close

Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
Close

All done! Based on your answers, we recommend:

Estate Planning Package

For One person

$135
What’s included:
  • Last will and testament
  • Living will
  • Power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase
Close

All done! Based on your answers, we recommend:

Power of Attorney

For one person

$39
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Living Will

For One Person

$39
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament

For One Person

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Estate Planning Package

For two people

$255
What’s included:
  • Two wills, living wills, and powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for up to one year after purchase
Close

All done! Based on your answers, we recommend:

Power of Attorney

For two people

$78
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Living Will

For Two People

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament

For Two People

$149
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For one person

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For one person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For One Person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
Close

All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For two people

$156
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For two people

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For Two People

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase

How to Make a Will in Kentucky FAQ

Deciding to make a last will and testament is an important step for all adults. A Kentucky will give you control over how you distribute your assets after you die. These FAQs help you understand how to create a valid will in the state of Kentucky.

Table of Contents

What If I Die Without a Will in Kentucky?

When a person dies with a will, the court follows the instructions in the will to determine who receives the personal property and real estate. If the decedent has no will, they die “intestate.” In that situation, the surviving spouse and/or children inherit the assets.

If there is no spouse or children, Kentucky law distributes the assets among the closest next of kin, such as parents, siblings, or grandparents. If there is no next of kin, then the state takes the assets. Creating your own will ensures that your property goes to your loved ones, not the state.

What Does a Will Do?

A will lets you control who manages your estate, inherits your property, and cares for your young children. In your will, you can do such things as:

  • Name a personal representative or executor who locates your will and assets, files the will with the Kentucky probate court, and follows your wishes
  • Identify and gives away personal property and real estate
  • Name beneficiaries to inherit your assets
  • Make charitable gifts to the charities of your choice
  • Name guardians for minor children, if necessary
  • Name caregivers for pets and set aside funds for their care

A will gives you peace of mind that your family is protected. By making your wishes known, a will speeds up the probate process saving your family members time and money in court.

What Doesn’t a Will Do?

Your will distributes many of your assets, but some assets, called non-probate assets, do not pass through a will. These transfer according to the terms of their own legal documents. For example, a bank account may have a transfer-on-death beneficiary designation. The person you name as the beneficiary receives the proceeds after your death. These non-probate assets include:

  • Funds in payable-on-death or transfer-on-death bank accounts or investment accounts
  • Life insurance and annuity payments (to beneficiaries other than to the estate itself)
  • Retirement accounts, pensions, 401(k)s, IRAs, and Keoughs
  • Property owned as joint tenants with right of survivorship
  • Property in revocable living trusts or irrevocable trusts

Because these accounts and assets transfer outside of your will, you should check all beneficiary designations on them. If the account or assets does not have a beneficiary or the beneficiary dies before you, the proceeds go into your probate estate. That is why you should also name backup beneficiaries on non-probate assets.

Who Can Make a Will in Kentucky?

There are certain requirements a testator, the person making a will, must meet in Kentucky to make a will:

  • Age: They must be age 18 or older. The exception is if the testator is under the age of 18 but has a child. In that case, they may make a will to name a guardian for their child.
  • Sound Mind: The testator must have sound mental capacity, meaning they are mentally competent.

A testator must have a sound mind at the time they make and sign the will. Kentucky residents with concerns about their mental capacity should consult an estate planning attorney for legal advice and assistance.

Does Kentucky Have a Statutory Will?

No. Kentucky does not have a statutory will or specific language to include in a will for it to be valid. You can either create your own will or hire an estate planning attorney. Many choose to make their will with online resources such as FindLaw Legal Forms and Services that help draft a will conforming to Kentucky law.

What Types of Wills Does Kentucky Accept?

The standard type of will is typed or printed and then signed by the testator. It is essential to understand the other types of wills as well and if they are acceptable in Kentucky.

  • Handwritten Will: A holographic will is a will in the testator’s handwriting, signed but not witnessed. A handwritten will is only acceptable in Kentucky if the testator writes their entire will in their handwriting, sign, and date their will in front of two witnesses. A handwritten will without witnesses is not valid.
  • Oral Will: An oral or spoken will, sometimes called a nuncupative will, is not valid in Kentucky.
  • Electronic Will: A digital or electronic will means a will signed, witnessed, or notarized through electronic means. At this time, Kentucky does not accept electronic wills.

The best method for making a will is typewritten or printed with witnesses present when signing. This type of will avoids mistakes, problems reading handwriting, or allegations of fraud or undue influence.

Can I Make My Own Will in Kentucky?

Yes. You can make your own will in Kentucky. You do not have to use an attorney to draft your will. If you know who you want to handle your estate, what assets you have, and who you wish to receive those assets, you are ready to make a will. The advantage of using an online will drafting service, such as FindLaw Legal Forms and Services, is that it allows you to customize and update your will whenever you want. You can revoke your original will and create a new one without making an amendment or codicil that might get lost.

Can I Disinherit My Spouse in Kentucky?

You are not required to leave anything to your spouse in your will. However, if you do not, the Kentucky right of election (also called dower and curtesy law) applies. This election gives your spouse the option to choose to take one-third of the real estate and one-half of the rest of the estate.

Can I Disinherit My Children in Kentucky?

You are not required to leave anything to your children. However, if a child is born or adopted after you create your will and is left out, the court may consider them a pretermitted child. A pretermitted child may receive a share in your estate equal to what they would get if you died without a will. The exception is if the omission is clearly intentional, there was another child in existence when the testator created their will or provided for the pretermitted child outside of the will with other transfers.

If you want to disinherit a child, the best way is to specifically state in your will that you are doing so.

What Estate Planning Documents Should I Have in Kentucky?

A will is just one piece of a complete state plan. Your Kentucky estate plan should also include the following:

  • Power of Attorney. A power of attorney is a document that allows you to name someone who can make financial decisions on your behalf if you are unable to do so.
  • Living Will. A living will is a document that allows you to select a health care surrogate who can access your medical records and make medical decisions on your behalf if you cannot. It also allows you to specify your wishes about life-prolonging treatment, artificial feeding or hydration, and organ donation.

Fortunately, making a valid will and creating other Kentucky estate planning documents is easy with online estate planning templates.

Estate planning solutions to fit your needs.

Written by:

Brette Sember, J.D.

Contributing Author

Reviewed by:

Catherine Hodder, Esq.

Senior Legal Writer