State requirements
Making a will in Kentucky
Kentucky requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
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?
Yes. Kentucky does not require a lawyer to draft a will. A will created online is valid in Kentucky when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Kentucky?
Kentucky requires 2 adult 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?
No. Witnesses make a will valid in Kentucky, not a notary. 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?
A valid Kentucky will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Kentucky law, not legal advice. Statutes change — verify current requirements or consult a licensed Kentucky attorney for complex situations.