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 online last will now.
Ensure that you follow all the guidelines which validate your will in Kentucky. Here is everything you need to follow.
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.
“Should have done this before, had made it up to be really hard in my head. This was super easy!”
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:
- Must be at least 18 or above. However, this provision may not stand if you specifically name a younger person as your executor.
- Capable of performing the job, i.e., of a sound mind.
- Kentucky doesn't restrict people convicted of a felony from being executors.
- 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?
Last Will and Testament Kentucky Free Template
You can quickly create a simple estate plan by downloading a Last Will and Testament Kentucky free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Kentucky last will and testament. Once you go through the details and follow the required steps:
- Connect on TrulyWill and create your account.
- Discuss any issues or complications about your finances and personal relationships with our attorneys.
- Sign or notarize the document, depending on your state requirements.
This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution.
Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:
- Online expert support: You can connect with our experts online and clear your doubts.
- Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.
If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Kentucky last will and testament.
