A Kentucky last will and testament is an estate-planning document used by a testator (the person to whom the will belongs) to direct the distribution of their personal and real property, fiduciary assets, cash-on-hand, and other assets after their death. A will serves to designate the beneficiaries of the testator’s estate, such as spouses, children, friends, pets, and even charitable organizations. A testator can determine on their will the portion of the estate each beneficiary shall receive and appoint a chosen personal executor to carry out their will in accordance with Kentucky state law. A will can be notarized as an optional measure to further cement its legality; however, a will must be witnessed and signed by two (2) individuals in order to be legally binding in the State of Kentucky.
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Laws
Definition – § 394.010 – “Will” means a last will or testament, codicil, appointment by will, writing in the nature of a will in exercise of a power, and any other testamentary disposition.
Signing Requirements (Section 394.040) – By Two (2) or more credible Witnesses in the presence of each other and in the presence of the testator.
Statutes – KRS Chapter 394
(Video) How to Make a Will in Kentucky
How to Write
Step 1 – Establishing the Testator -Write or type the full legal name of the testator (the person for whom the document will be established) at the top of the document. Enter the following information:
- Name of Testator
- City of Residence
- County of Residence
- Testator must carefully review the remainder of the information as well as the Expenses and Taxes section of the document
Step 2 – Nomination and Appointment of Personal Representative (Executor)–
- Enter the full legal name of the executor
- Name of executor’s city
- County
- State
Alternate Executor – in the event the initial executor becomes unable, ill or unwilling to serve as the initial chosen representative to the estate
- Enter the full legal name of the alternate executor
- Name of executor’s city
- County
- State
Step 3 – Disposition of Property to Beneficiaries –
1 st Beneficiary
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of their SSN
- Enter the property being bequeathed
- AND
2nd Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
- AND
3d Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
The Testator must review the remaining information regarding how their property is distributed in the event any member of their group of beneficiaries would happen to pre-decease the testator.
Step 4 – Testator must carefully review the following sections prior to any application of signatures:
- Omission
- Bond
- Discretionary Powers of Personal Representative A through K
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures/Witnesses – All signatories must be present prior to any signing of this documentation. Enter the following:
- Enter the testator’s name
- Date of testator’s signature in dd/mm/yyyy format
- Testator Signature
- Testator (Printed Name)
Witnesses – The witnesses must review the brief statement –
- Date the document in dd/mm/yyyy format
- Enter the name of the testator
Witness 1 –
- Witness Signature
- Address
Witness 2 –
- Witness Signature
- Address
Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:
- State
- County
- Name of testator
- Name of Witness 1
- Name of Witness 2
- AND ENTER
- Testator Signature
- Witness 1 Signature
- Witness 2 Signature
Step 7 (Optional) – Notarization – When the notary public has witnessed all signatures they shall complete the remainder of the document and authenticate it by affixing their commission and state seal.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word, OpenDocument