To make a valid will in Kentucky, you must be 18 or older and of sound mind, put your wishes in writing, and either sign it in front of two witnesses or write it entirely in your own handwriting under KRS § 394.020 and KRS § 394.040.
Key Takeaways
- You must be 18 or older and of sound mind to make a valid will in Kentucky.
- A non-holographic will must be acknowledged by the testator before two subscribing witnesses and subscribed at the bottom of the document.
- Kentucky recognizes fully handwritten holographic wills without any witnesses at signing.
- A self-proved will under Kentucky's statute avoids the need for witnesses to testify in probate.
What are the basic requirements to make a valid will in Kentucky?
Under KRS § 394.020, any person of sound mind who is 18 years of age or older may dispose of any estate, right, or interest in real or personal property by will. Under KRS § 394.040, a non-holographic will must be acknowledged by the testator in the presence of two subscribing witnesses and subscribed at the bottom of the will.
Kentucky's rule that the will be subscribed at the bottom is not just a formality. Courts have relied on the location of the signature to determine whether a document reflects the testator's completed intent, so putting your signature anywhere other than at the end can create an avoidable problem.
Step-by-step: how do you make a will in Kentucky?
- List your assets, debts, and the people or organizations you want to name as beneficiaries.
- Choose an executor to manage your estate and a guardian if you have minor children.
- Draft the will naming your executor, guardian, and beneficiaries, and clearly identify it as your last will and testament.
- Sign the will at the bottom of the document in front of two witnesses, each 18 or older.
- Acknowledge to your witnesses that the document is your will while they are present.
- Consider a self-proving affidavit before a notary at the same sitting under KRS § 394.225.
- Store the signed original somewhere secure and tell your executor exactly where to find it.
If you would rather not draft this language yourself, FastWill's online will builder covers each of these steps and produces a Kentucky-compliant will.
Does Kentucky recognize handwritten (holographic) wills?
Yes. Under KRS § 394.040, a holographic will, meaning one that is entirely in the testator's own handwriting and signed, does not require witnesses at signing. If it needs to be proved later, Kentucky requires testimony from two credible witnesses who are familiar with the testator's handwriting to establish the document is genuine. That after-the-fact burden of proof is exactly why a holographic will works best as a fallback in an emergency, not as your primary estate planning tool. A typed will, properly witnessed under KRS § 394.040, is faster and cleaner to probate.
What is a self-proved will and do you need one in Kentucky?
Under KRS § 394.225, a will may be simultaneously executed, attested, and made self-proved, or made self-proved at any later date, through the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths and evidenced by that officer's certificate. A self-proved will may be admitted to probate without the testimony of any subscribing witness, though it is otherwise treated the same as a will that is not self-proved. That protection matters if years pass between signing and death and a witness has moved, lost contact, or died.
DIY will vs. hiring a lawyer in Kentucky
Most Kentucky estates, meaning a home, some savings, retirement accounts, and everyday personal property, do not require a custom will drafted by an attorney. What actually derails a homemade Kentucky will is missing the acknowledgment and bottom-of-page signature requirement in KRS § 394.040, not the underlying language. Talk to an estate planning attorney if you run a business, have a blended family with competing claims, own property outside Kentucky, or need a trust for a beneficiary who cannot manage an outright inheritance. See our Kentucky estate planning overview, Kentucky estate planning checklist, and guide to Kentucky power of attorney for what else your plan should cover.
How do you update or revoke a will in Kentucky?
You can revoke a Kentucky will by physically destroying it with intent to revoke, by executing a new will that revokes prior wills, or by a subsequent written instrument executed with the same formalities as a will. Marriage, divorce, a move, and the birth or adoption of a child are common reasons to update a will. Do not casually handwrite changes onto a will you have already typed and signed, since Kentucky's holographic will rule can create confusion about whether that handwritten addition was meant to stand alone or amend the existing document. Execute a new will or a properly acknowledged codicil instead.
A codicil amends specific parts of an existing will and, to be enforceable, must be acknowledged before two witnesses and signed at the bottom in the same way as the original will under KRS § 394.040. For most people, especially after a divorce, remarriage, or a significant change in assets, it is simpler and safer to execute a completely fresh will that expressly revokes every prior will and codicil rather than stacking multiple amendments. Each additional document is one more thing a Kentucky probate court has to reconcile against your actual final wishes.
Keep the signed original somewhere your executor can find it, such as a fireproof home safe or a location you have already told them about. A will that cannot be located when you die is treated no differently than having no will at all.
Frequently Asked Questions
Do I need a lawyer to make a will in Kentucky?
No. Kentucky does not require an attorney to draft or witness a will, but you must follow KRS § 394.040 exactly, particularly the requirement to acknowledge the will before two witnesses and sign at the bottom.
Can a beneficiary act as a witness in Kentucky?
It is best to avoid it. Using an interested witness can invite a challenge and complicate probate even where the will is otherwise valid. Choose two witnesses who receive nothing under the will.
Is a will made in another state valid once I move to Kentucky?
Generally yes, if it was validly executed under the law of the state where it was signed or where you were domiciled at the time. Have it reviewed after your move to confirm it still fits your Kentucky assets and wishes.
What happens if I die without a will in Kentucky?
Kentucky's intestacy statutes decide who inherits, typically your spouse and children in shares set by law rather than your own preference. See our guide on what happens if you die without a will in Kentucky for the full breakdown.
Do I need to notarize my will in Kentucky?
No, notarization is not required for the will itself to be valid. It is required only for the optional self-proving affidavit under KRS § 394.225, which is still worth doing.
Ready to make your Kentucky will official the right way? Build a compliant will with FastWill's will package, and see our general guide to writing your own will for concepts that apply nationwide.
