{"id":373597,"date":"2016-03-31T21:35:22","date_gmt":"2016-04-01T02:35:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kentucky-law\/kentucky-wills-laws.html"},"modified":"2023-04-17T17:18:37","modified_gmt":"2023-04-17T22:18:37","slug":"kentucky-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kentucky-law\/kentucky-wills-laws.html","title":{"rendered":"Kentucky Wills Laws"},"content":{"rendered":"\n
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Kentucky Wills Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most people want to choose who inherits what from them when they pass away. Without a will and\/or trust documents dictating your wishes, the state you reside in when you pass will use various state laws to determine who inherits from you, which are called intestate succession laws<\/a>.<\/p>\r\n

Kentucky also regulates how a will can be created<\/a>, revoked, updated, and probated<\/a> (administered or assets transferred) via its will laws. The table below details the main wills laws<\/a> in Kentucky.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\nKentucky Revised Statutes Chapter 394 \u2013 Wills<\/a><\/td>\r\n<\/tr>
Age of Person Creating Will<\/b><\/td>\r\nThe person creating the will or \u201ctestator\u201d must be at least 18 years<\/a> or older and \u201cof sound mind.\u201d Persons under 18 may be granted the power<\/a> to write a while, such as possibly a married minor. Also, a parent, though under 18, may by will appoint a guardian<\/a> for his or her child.<\/td>\r\n<\/tr>
Number of Witnesses<\/b><\/td>\r\nIf will is not wholly handwritten by the testator, the testator must sign<\/a> and acknowledge the will in the presence of at least two credible witnesses. If unable to sign, due to illiteracy or physical disability, the testator must direct someone else to sign the will for him or her. The witnesses must also sign in presence of the testator and each other.<\/td>\r\n<\/tr>
Revocation of Wills<\/b><\/td>\r\nKentucky law permits a will be revoked<\/a> by:
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  1. A subsequent will<\/li>\r\n
  2. A declaration of the intent to revoke the will<\/li>\r\n
  3. The person who made the will or someone else in his or her presence and at his or her direction destroying the will<\/a> by tearing, burning, cutting or otherwise destroying the will or signature with the intent to revoke the will<\/li>\r\n<\/ol>\r\n<\/td>\r\n<\/tr>
Oral Wills<\/b><\/td>\r\nOral wills, also known as nuncupative<\/a> wills, aren\u2019t recognized by Kentucky.<\/td>\r\n<\/tr>
Handwritten Wills<\/b><\/td>\r\nHolographic or handwritten wills are recognized if \u201cwholly written by the testator.\u201d However, there\u2019s some risk that that if the will is worded incorrectly, due to lack of legal knowledge, vagueness, typos, etc., it won\u2019t be found valid. Wills by laypeople and lawyers are held to the same rules in probate court<\/a>.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

No matter what stage in life you\u2019re in, from buying your first home to having your first grandchild, you may want to create a will or update your current will to dictate what happens to your property and assets when you pass on. There are many self-help will forms that you can use, especially if you have little assets. However, with more significant resources, you may want to speak to an experienced Kentucky estate planning lawyer<\/a> about your options, including creating wills, trusts<\/a>, and advanced health care directives.<\/p>\r\n

Note:<\/i><\/b> State laws are constantly frequently, therefore you should verify the laws you\u2019re reading about by conducting your own legal research or contacting an attorney.<\/i><\/p>\r\n

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