Kentucky's Requirements for a Will
Kentucky's Requirements for a Will
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Kentucky's Requirements for a Will

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Summary of Kentucky's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) No
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

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Statutes Governing Kentucky's Will Requirements:

 

Persons competent to make - What may be disposed of

Any person of sound mind and eighteen (18) years of age or over may by will dispose of any estate, right, or interest in real or personal estate that he may be entitled to at his death, which would otherwise descend to his heirs or pass to his personal representatives, even though he becomes so entitled after the execution of his will.

Kentucky Requirements for a Will - Revised Statutes, § 394-020

 

Minor can make will, when

No person under eighteen (18) years of age can make any will, except in pursuance of a power specially given to that effect, and except also, that a parent, though under eighteen (18) years of age, may by will appoint a guardian for his child.

Kentucky Requirements for a Will - Revised Statutes, § 394-030

 

Requisites of a valid will

No will is valid unless it is in writing with the name of the testator subscribed thereto by himself, or by some other person in his presence and by his direction. If the will is not wholly written by the testator, the subscription shall be made or the will acknowledged by him in the presence of at least two (2) credible witnesses, who shall subscribe the will with their names in the presence of the testator, and in the presence of each other.

Kentucky Requirements for a Will - Revised Statutes, § 394-040

 

Validity of nonresident's will

The will of a person domiciled out of this state at the time of his death shall be valid as to his personal property and his real property in this state, if it is executed according to the law of the place where he was domiciled.

Kentucky Requirements for a Will - Revised Statutes, § 394-120

 

Self-proved will

(1) Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this state and evidenced by the officer's certificate, in substantially the following form:

I, ...................................., the testator, sign my name to this instrument this ....... day of ..............., 19....., and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

......................................
(Testator)


We, ........................, ..........................., the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as his last will and that he signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator and in the presence of the other subscribing witness, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is eighteen (18) years of age or older, of sound mind, and under no constraint or
undue influence.

.......................................
(Witness)

.......................................
(Witness)


THE STATE OF ....................

COUNTY OF .......................

Subscribed, sworn to and acknowledged before me by ....................., the testator and subscribed and sworn to before me by ..............................., and ........................, witnesses,
this ......... day of ................

(Signed).............................

(Signed).............................
(OFFICIAL CAPACITY OF OFFICER)

(2) An attested will may, at any time subsequent to its execution, be made self-proved, by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this state, and evidenced by the officer's certificate, attached or annexed to the will in form and content substantially as follows:


THE STATE OF ....................

COUNTY OF........................

Before me, the undersigned authority, on this day personally appeared ........................... and ............................... known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument and, all of these persons being by me first duly sworn.

.......................... the testator, declared to me and to the witnesses in my presence that the instrument is his last will and
that he had willingly signed or directed another to sign for him, and that he executed it as his free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence and hearing of the testator, that he signed the will as witness in the presence of the testator and of the other subscribing witness, and that to the best of his knowledge the testator was eighteen (18) years of age or over, of sound mind and under no constraint or undue influence.

.......................................
(Testator)

.......................................
(Witness)

.......................................
(Witness)

.......................................
(Witness)


Subscribed, sworn and acknowledged before me by ............................., the testator, subscribed and sworn before me by ............................. and ............................., witnesses, this .......... day of ................, A.D., ........

.......................................
(OFFICIAL CAPACITY OF OFFICER)


(3) The execution of an acknowledgment of a will by a testator, and of the affidavits of witnesses, made before an officer authorized to administer oaths under the laws of this state and evidenced by the officer's certificate substantially in the form set out in this section during the period between June 21, 1974, and the effective date of the 1982 amendments to this section shall be considered to be a valid execution and attestation of a written will even though the will was not signed and attested separately from the execution of the acknowledgment by the testator and the
affidavits of the witnesses.

(4) A self-proved will may be admitted to probate without the testimony of any subscribing witness, but otherwise treated no differently from a will not self-proved.

Kentucky Requirements for a Will - Revised Statutes, § 394-225

 

[Reference - Kentucky Requirements for a Will]

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