State requirements
Making a will in Kentucky
Kentucky lists 2 witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Kentucky has traditional will requirements. Kentucky recognizes holographic wills. Kentucky is NOT a community property state but has dower/curtesy rights and elective share.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | KRS 394.020 | 18+ and of sound mind |
| Execution Requirements | KRS 394.040 | Written, signed, 2 witnesses |
| Holographic Wills | KRS 394.040 | Entirely in testator's handwriting |
| Self-Proving | KRS 394.225 | Available with affidavit |
| Elective Share | KRS 392.080 | 1/2 or 1/3 of surplus estate |
Execution Requirements
KENTUCKY WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator
✓ Attested by 2 or more credible witnesses
✓ Witnesses sign in testator's presence
HOLOGRAPHIC WILLS:
✓ Entirely in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Elective Share
KENTUCKY ELECTIVE SHARE:
- Without descendants: 1/2 of surplus real and personal property
- With descendants: 1/3 of surplus real and personal property
- Plus dower/curtesy rights in real property
Kentucky Inheritance Tax
KENTUCKY INHERITANCE TAX:
- Class A (spouse, children, parents): Exempt
- Class B (siblings, nephews, nieces): 4%-16%
- Class C (others): 6%-16%
Checklist for Kentucky Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 credible witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will entirely in testator's handwriting
Kentucky will questions, answered
Can I make a will online in Kentucky?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Kentucky requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Kentucky?
Kentucky requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Kentucky require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular Kentucky document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Kentucky?
Yes, Kentucky recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Kentucky?
Kentucky sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Kentucky source above and get local help for your circumstances.
Keep reading
All guides →Your Kentucky wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Kentucky law, not legal advice. Statutes change — verify current requirements or consult a licensed Kentucky attorney for complex situations.