Wills
Kentucky Last Will and Testament
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Kentucky Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

Making a legal will according to your state's guidelines is essential to estate planning. It helps ensure no loopholes can lead to issues in the probate process. Furthermore, you can choose what happens to your estate and who it will end up with. Your Kentucky last will and testament give you a platform to communicate your wishes about your estate. Also, you get to decide who would oversee the probate process and look after your children after you pass away. Therefore, you should get to work and make your Kentucky will now.

Ensure that you follow all the guidelines which validate your will in Kentucky. Here is everything you need to follow.

Table of contents

1. Requirements for an Kentucky Last Will and Testament  

2. Who can be your witnesses?

3. Kentucky rules for a personal representative

4. Kentucky Last Will and Testament Notarization

5. Last Will Revocation rules

6. Last Will Amendment rules

7. Kentucky rules for divorce after making your last will

8. What happens if you don't have a will in Kentucky?

9. How can TrulyWill help with your online will?

Requirements for a Kentucky Last Will and Testament

  • Written will: A Kentucky last will and testament must be on paper to be legal. It mustn't be in audio, video, or other digital file forms. However, Kentucky state allows written or holographic wills.
  • Must be of at least 18 age. A minor with a child can also create a will naming a guardian for their child.
  • Sound mind and memory: The testator for a Kentucky last will must fully understand the will-making procedure, nature of their relationships, and their estate. For a Kentucky will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Kentucky last will and testament before the two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will before the testator. 
Last Will and Testament Kentucky

Who can be your witnesses for a Kentucky Last Will and Testament? 

Your witnesses for a Kentucky last will must follow these conditions:

  • Kentucky allows anyone who is competent to be a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • However, Kentucky doesn't allow beneficiaries to be witnesses for the last will and testament. 
  • The interested witnesses or the spouse would lose their share in the estate unless two other disinterested witnesses are present. 

Kentucky rules for a personal representative or an executor 

Naming an executor for your Kentucky last will would be better than leaving it to someone who won't understand your wishes. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 18 or above. However, this provision may not stand if you specifically name a younger person as your executor. 
  2. Capable of performing the job, i.e., of a sound mind.
  3. Kentucky doesn't restrict people convicted of a felony from being executors.
  4. Kentucky allows you to choose someone out of state as your executor if they are related to you by blood, marriage, adoption, or are a spouse of these relatives.

Last will and Testament Notarization in Kentucky 

There's no need to notarize your Kentucky last will and testament. However, you could add a self-proving affidavit to your Kentucky will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Kentucky Last Will Revocation 

You could follow any of the following methods to revoke your Kentucky last will and testament:

  • Destroy your Kentucky will by tearing, burning, obliterating, shredding.
  • Asking someone to destroy the last will before you 
  • Making a new legal will, which revokes parts or the entire previous will.
  • Create a new document that states the revocation of your previous Kentucky will. You need to follow the same conditions as for a new will to make it legal. 

Kentucky Last Will Amendment rules. 

If you wish to make a few minor changes to your Kentucky will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Kentucky rules for divorce after making your last will

  • Kentucky law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your last will or remarry your ex.

What happens if you don't have a will in Kentucky?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children

Spouse gets half of your personal property, one-third of your real property for using during their life, and half of your real property to give away or sell


Your children inherit half of your personal property and the balance of your real property 

Has a spouse and parents, no children 

Spouse gets half of your personal property, one-third of your real property for using during their life, and half of your real property to give away or sell


Parents inherit half of your personal property and the balance of your real property 

Has a spouse and siblings, no parents, no children 

Spouse gets half of your personal property, one-third of your real property for using during their life, and half of your real property to give away or sell


Siblings inherit half of your personal property and the balance of your real property 

How can TrulyWill help with an online Will and Testament? 

TrulyWill is the perfect option to create a hassle-free online last will. You could go to the platform from your home's comfort and make your online will and testament. Online wills are a straightforward process; you should opt for them rather than spending hours in a lawyer's office. Furthermore, the process is pretty simple; you just add details, review for mistakes, read the guidelines, and download. That's it!

What else can TrulyWill do?

TrulyWill helps fulfill your varying needs for a will. You can opt for a simple last will and testament online or seek professional help. We offer everything from one-on-one legal support to solve your will issues.

Furthermore, you could opt for a trust-based plan depending on what suits you better. TrulyWill can help you figure out the process and help avoid substantial legal fees. So, you should go to the platform and get your online will in just a few minutes.

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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Can an executor or guardian refuse to take up the role?
Yes, your guardian or executor can refuse to take on the job. It is always better to ask the person and get their approval before mentioning them on your will.
Do I need to notarize my will?
Different states have varying requirements for Notarization. It's better to read your state rules before finalizing your last will and testament.
What would happen if someone passes away without a will?
The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.
Can my last will and testament be oral?
Only a few states consider an oral will legal only if it follows the rules. You would have to fulfill some criteria the state sets to be eligible to make an oral will. However, you shouldn't risk this to chance and create a solid, legal will on paper.
What would it cost me to make a will?
Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.
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