Question 1

What makes a will valid in Kentucky?

Accepted Answer

Any person of sound mind and at least 18 may make a will (a parent under 18 may use a will only to name a guardian for a child). The will must be in writing and signed by the testator, or by someone else in the testator's presence and at the testator's direction. Unless the will is entirely in the testator's handwriting, it must be signed or acknowledged in front of at least two credible witnesses, who sign in the presence of the testator and of each other.

Question 2

Is a handwritten will valid in Kentucky?

Accepted Answer

Yes. A will written entirely in the testator's handwriting and signed by the testator is valid without witnesses.

Question 3

Does a will need to be notarized in Kentucky?

Accepted Answer

Yes. A will can be made self-proved when it is signed, or at any later time, through the testator's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to give oaths, using the statutory form. A self-proved will can be admitted to probate without testimony from the witnesses.

Question 4

Who inherits if someone dies without a will in Kentucky?

Accepted Answer

Under the law effective July 15, 2026: the surviving spouse takes everything if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants. The spouse takes one-half if the decedent had descendants who are not the spouse's, or if the spouse has descendants who are not the decedent's. Whatever does not pass to the spouse goes to the children and their descendants; if none, to the parents equally (or all to the surviving parent); then to brothers and sisters and their descendants; then half to the paternal and half to the maternal grandparents; then to aunts and uncles and their descendants; then to stepchildren; and finally to the state.

Question 5

What is a surviving spouse entitled to in Kentucky?

Accepted Answer

A surviving spouse may renounce the will within six months after it is admitted to probate (extendable by up to six more months by court order) and instead take the statutory share: one-half of the 'surplus personalty' and one-third of real estate the deceased spouse owned at death, plus a life estate in one-third of real estate owned during the marriage but not at death. The renunciation must be acknowledged before an officer using the statutory form and filed with both the probate court clerk and the county clerk.

Question 6

What is the small estate limit in Kentucky?

Accepted Answer

Kentucky has no small estate affidavit. Instead, the surviving spouse (or, if there is none, the surviving children) may ask the District Court to set apart up to $30,000 of personal property or money as exempt. If that exemption, together with preferred claims paid, equals or exceeds the estate's distributable assets, the court may dispense with administration and order the assets transferred.

Question 7

Is there a simplified probate process in Kentucky?

Accepted Answer

Options include: (1) dispensing with administration when the $30,000 spouse/children exemption plus preferred claims covers all distributable assets (KRS 395.455); (2) dispensing with administration by written agreement of all beneficiaries when there are no debts, creditors have been advertised for, and taxes are provided for (KRS 395.470); and (3) an informal final settlement, available six months after appointment, where the fiduciary is the sole beneficiary or all beneficiaries sign verified waivers (KRS 395.605).

Question 8

How does probate work in Kentucky?

Accepted Answer

File a petition in District Court to probate the will and/or appoint an executor or administrator (form AOC-805). The personal representative qualifies by oath and, if the court orders it, a bond. An inventory must be filed within 90 days of qualifying; it is filed under seal and a copy goes to the Department of Revenue. Creditors present their claims, and the representative may distribute the estate six months after qualifying. The estate is closed by a periodic or final settlement (or an informal final settlement where allowed), after which the representative can be discharged.

Question 9

How long do creditors have to file claims against an estate in Kentucky?

Accepted Answer

Claims that arose before death are barred unless presented within six months after the personal representative is appointed, or, if no representative is appointed, within two years after death. Secured claims (to the extent of the security) and claims covered by liability insurance are not affected.

Question 10

Who can be an executor in Kentucky?

Accepted Answer

A Kentucky resident 18 or older may serve, as may qualifying banks and trust companies. A nonresident may serve only if related to the decedent by blood, marriage or adoption, or is the spouse of such a relative. For an estate without a will, the court prefers the surviving spouse, then those next entitled to inherit. A bond is not required except for a public administrator or curator, or when the court decides a surety bond is needed to protect the estate.

Question 11

What does a quitclaim deed need to be valid in Kentucky?

Accepted Answer

A deed must be acknowledged before a county clerk or notary public (or proved by subscribing witnesses) to be recorded, and is recorded with the county clerk of the county where the property, or most of it, is located. The deed must state the full names and mailing addresses of the grantor and grantee, the full consideration, the in-care-of address for the tax bill, and the source of the grantor's title (prior deed book and page), and must include a sworn, notarized consideration certificate signed by grantor and grantee. A real estate transfer tax of $0.50 per $500 of value is collected at recording, with exemptions (for example, transfers between spouses, and parent-child or grandparent-grandchild transfers for nominal consideration).

Question 12

What are the requirements for a power of attorney in Kentucky?

Accepted Answer

Kentucky follows the Uniform Power of Attorney Act and provides a statutory form. A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction. Acknowledging the signature before a notary makes it presumed genuine, and the statutory form includes a notary acknowledgment. A power of attorney is durable unless it says otherwise.

Question 13

What are the requirements for a health care directive in Kentucky?

Accepted Answer

An adult with decisional capacity may make a living will directive that can name a health care surrogate and state wishes about life-prolonging treatment and artificially provided nutrition and hydration. The statutory form is signed by the grantor in the joint presence of two witnesses, or acknowledged before a notary public or other authorized officer.

Question 14

Does Kentucky have an estate or inheritance tax?

Accepted Answer

Kentucky has an inheritance tax. Class A beneficiaries (surviving spouse, parents, children, stepchildren, grandchildren, brothers and sisters, and under the current text nephews and nieces) are fully exempt. Class B beneficiaries (for example, sons- and daughters-in-law, aunts, uncles and certain great-grandchildren) pay 4% to 16% after a $1,000 exemption; Class C beneficiaries (everyone else) pay 6% to 16% after a $500 exemption. Kentucky's separate estate tax is measured by the federal credit for state death taxes.

Question 15

How do I make a living will in Kentucky?

Accepted Answer

Kentucky has a statutory 'Living Will Directive' form. An adult with decisional capacity can use it to state wishes about life-prolonging treatment and artificially provided nutrition and hydration, name a health care surrogate, and address organ donation. The directive must be in writing, dated, and signed by the person (or at their direction), and either witnessed by two or more adults who sign in the person's presence and each other's, or acknowledged before a notary public. A blood relative, an heir, an attending physician, a person financially responsible for the person's care, or a health care facility employee (unless serving as notary) may not act as witness or notary.

Question 16

How do I make a medical power of attorney in Kentucky?

Accepted Answer

Kentucky calls the health care agent a 'health care surrogate.' The surrogate is named on the same statutory Living Will Directive form, with a backup surrogate if desired, and makes health care decisions when the person no longer has decisional capacity. The same signing rules apply: two qualified adult witnesses or a notary. An employee, owner, director or officer of a health care facility where the person is a patient or resident cannot be the surrogate unless closely related or a member of the same religious or fraternal order. A surrogate may resign by written notice.

Question 17

How do living trusts work in Kentucky?

Accepted Answer

Kentucky adopted the Uniform Trust Code (KRS Chapter 386B) effective July 15, 2014. A trust is created when the settlor has capacity, shows an intent to create it, names a definite beneficiary, gives the trustee duties, and is not both sole trustee and sole beneficiary. For trusts created by instruments signed on or after July 15, 2014, a trust is revocable unless its terms expressly say it is irrevocable; the settlor can revoke or amend it by the method in the trust or, if that method is not exclusive, by a later will or any other clear and convincing method. Only property titled in the trust avoids probate, so assets must be retitled or assigned to the trustee.

Question 18

What does an executor have to do in Kentucky?

Accepted Answer

The personal representative must file an inventory within 90 days of qualifying; it is filed under seal and a copy goes to the Department of Revenue. Creditors must present claims within six months after the representative is appointed. The representative may distribute the estate six months after qualifying, and closes the estate with a periodic or final settlement filed with the District Court, or an informal final settlement (available six months after appointment when the representative is the sole beneficiary or all beneficiaries sign waivers).

Question 19

How do I get letters testamentary in Kentucky?

Accepted Answer

The District Court of the county where the decedent lived appoints the executor (with a will) or administrator (without a will) on a Petition for Probate of Will and/or Appointment of Executor/Administrator (AOC-805). The court enters an order probating the will and/or appointing the fiduciary (AOC-805.1, or AOC-805.2 when there is no will); the fiduciary signs an oath (AOC-809) and the clerk issues a Certificate of Qualification (AOC-807), which serves as proof of authority. No bond is required unless the court orders a surety bond to protect the estate or the fiduciary is a public administrator or curator.

Question 20

Does Kentucky have an affidavit of heirship?

Accepted Answer

Yes. Before a deed of real estate inherited without a will can be recorded, an affidavit of descent must be filed with the county clerk where the land is located. It may be made by the grantor, any heir, or two Kentucky residents with personal knowledge, and must state the decedent's name, date of death, marital status and spouse, last residence, that the decedent died without a will, and each heir's name, age, address, relationship and share. The clerk records it in the deed books, indexed from the decedent to the heirs. Separately, any person claiming an interest may ask the District Court to determine heirs by motion, with at least 20 days' notice.

Question 21

How can you avoid probate in Kentucky?

Accepted Answer

Non-probate options include: payable-on-death bank accounts and other written transfer-on-death or beneficiary provisions in accounts, securities agreements, insurance, retirement plans, trusts and deeds of gift, which are nontestamentary (KRS 391.300-391.360); a revocable living trust (KRS Chapter 386B); and, for small estates, the $30,000 spouse/children exemption with an order dispensing with administration (KRS 391.030, 395.455). A vehicle transfer-on-death beneficiary designation becomes available January 1, 2028 (KRS 186A.037).

Question 22

Where can I get a power of attorney form in Kentucky?

Accepted Answer

Kentucky has a "Kentucky Statutory Form Power of Attorney" for property and finances under the Uniform Power of Attorney Act (KRS 457.420); it does not authorize health care decisions. A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction (with the reason stated in the document); the signature is presumed genuine if acknowledged before a notary public or other person authorized to take acknowledgments (KRS 457.050). For health care, KRS 311.625 sets out a "Living Will Directive" form, which also lets you designate a health care surrogate. An advance directive must be in writing, dated and signed, and either witnessed by two or more adults in the presence of the grantor and each other or acknowledged before a notary public; a blood relative, a beneficiary under the intestacy statutes, an employee of the health care facility where the grantor is a patient (unless serving as notary), the attending physician, or anyone directly financially responsible for the grantor's care cannot serve as witness or notary.

Question 23

How do I search probate court records in Kentucky?

Accepted Answer

District Court handles probate of wills; contested probate matters are heard in Circuit Court. The Administrative Office of the Courts does not keep court case records: requests for copies of district or circuit court records go to the Office of Circuit Court Clerk in the county where the case was handled. Online public access is offered only for Court of Appeals and Supreme Court cases (C-Track Public Access).

Question 24

How do I transfer a car title after someone dies in Kentucky?

Accepted Answer

Transfers are handled by the county clerk. If the title lists owners joined by 'or,' a death certificate or court documents can transfer it and the surviving owner signs alone. For an 'and' title, a surviving spouse can transfer with a death certificate that states the relationship (otherwise court documents are needed); a surviving non-spouse needs a death certificate and probate documents. A vehicle passing under a will requires the will to be probated. A vehicle titled in a trust can be transferred with the title, the trust's front page, trustee page and signature page, and the death certificate.

Requirements for a valid will	Any person of sound mind and at least 18 may make a will (a parent under 18 may use a will only to name a guardian for a child). The will must be in writing and signed by the testator, or by someone else in the testator's presence and at the testator's direction. Unless the will is entirely in the testator's handwriting, it must be signed or acknowledged in front of at least two credible witnesses, who sign in the presence of the testator and of each other. Electronic wills are also recognized for wills signed on or after July 15, 2026, if signed by the testator and by two witnesses who are Kentucky residents physically located in Kentucky (KRS 394.706, 394.715). Source: KRS 394.020, 394.030, 394.040
Handwritten (holographic) wills	Yes. A will written entirely in the testator's handwriting and signed by the testator is valid without witnesses. Source: KRS 394.040
Self-proving affidavit	Yes. A will can be made self-proved when it is signed, or at any later time, through the testator's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to give oaths, using the statutory form. A self-proved will can be admitted to probate without testimony from the witnesses. Source: KRS 394.225

Probate steps	File a petition in District Court to probate the will and/or appoint an executor or administrator (form AOC-805). The personal representative qualifies by oath and, if the court orders it, a bond. An inventory must be filed within 90 days of qualifying; it is filed under seal and a copy goes to the Department of Revenue. Creditors present their claims, and the representative may distribute the estate six months after qualifying. The estate is closed by a periodic or final settlement (or an informal final settlement where allowed), after which the representative can be discharged. Source: KRS 394.145, 395.250, 395.190, 395.605
Simplified probate	Options include: (1) dispensing with administration when the $30,000 spouse/children exemption plus preferred claims covers all distributable assets (KRS 395.455); (2) dispensing with administration by written agreement of all beneficiaries when there are no debts, creditors have been advertised for, and taxes are provided for (KRS 395.470); and (3) an informal final settlement, available six months after appointment, where the fiduciary is the sole beneficiary or all beneficiaries sign verified waivers (KRS 395.605). The agreement route requires advertising for creditors (posted at the courthouse door for six weeks and published) before the motion is filed. Source: KRS 395.455, 395.470, 395.605
Small estate affidavit	Kentucky has no small estate affidavit. Instead, the surviving spouse (or, if there is none, the surviving children) may ask the District Court to set apart up to $30,000 of personal property or money as exempt. If that exemption, together with preferred claims paid, equals or exceeds the estate's distributable assets, the court may dispense with administration and order the assets transferred. Before the exemption is set apart, the surviving spouse may petition for an order allowing withdrawal of up to $2,500 of the estate's money from a bank (KRS 391.030(2)). Source: KRS 391.030, 395.455
Deadline for creditor claims	Claims that arose before death are barred unless presented within six months after the personal representative is appointed, or, if no representative is appointed, within two years after death. Secured claims (to the extent of the security) and claims covered by liability insurance are not affected. Source: KRS 396.011
Who can be executor	A Kentucky resident 18 or older may serve, as may qualifying banks and trust companies. A nonresident may serve only if related to the decedent by blood, marriage or adoption, or is the spouse of such a relative. For an estate without a will, the court prefers the surviving spouse, then those next entitled to inherit. A bond is not required except for a public administrator or curator, or when the court decides a surety bond is needed to protect the estate. The bond rule in KRS 395.130 was revised effective July 15, 2026. Source: KRS 395.005, 395.040, 395.130
Finding probate court records	District Court handles probate of wills; contested probate matters are heard in Circuit Court. The Administrative Office of the Courts does not keep court case records: requests for copies of district or circuit court records go to the Office of Circuit Court Clerk in the county where the case was handled. Online public access is offered only for Court of Appeals and Supreme Court cases (C-Track Public Access). Court jurisdiction: https://www.kycourts.gov/Courts/pages/default.aspx Source: Kentucky Court of Justice, About the Courts; Request Court Records

Financial power of attorney	Kentucky follows the Uniform Power of Attorney Act and provides a statutory form. A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction. Acknowledging the signature before a notary makes it presumed genuine, and the statutory form includes a notary acknowledgment. A power of attorney is durable unless it says otherwise. Source: KRS 457.040, 457.050, 457.420
Health care directive	An adult with decisional capacity may make a living will directive that can name a health care surrogate and state wishes about life-prolonging treatment and artificially provided nutrition and hydration. The statutory form is signed by the grantor in the joint presence of two witnesses, or acknowledged before a notary public or other authorized officer. Source: KRS 311.623, 311.625
Official power of attorney forms	Kentucky has a "Kentucky Statutory Form Power of Attorney" for property and finances under the Uniform Power of Attorney Act (KRS 457.420); it does not authorize health care decisions. A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction (with the reason stated in the document); the signature is presumed genuine if acknowledged before a notary public or other person authorized to take acknowledgments (KRS 457.050). For health care, KRS 311.625 sets out a "Living Will Directive" form, which also lets you designate a health care surrogate. An advance directive must be in writing, dated and signed, and either witnessed by two or more adults in the presence of the grantor and each other or acknowledged before a notary public; a blood relative, a beneficiary under the intestacy statutes, an employee of the health care facility where the grantor is a patient (unless serving as notary), the attending physician, or anyone directly financially responsible for the grantor's care cannot serve as witness or notary. Execution: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50153 ; Living Will Directive: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=42591 Source: KRS 457.050, 457.420; KRS 311.625

Living will / advance directive	Kentucky has a statutory 'Living Will Directive' form. An adult with decisional capacity can use it to state wishes about life-prolonging treatment and artificially provided nutrition and hydration, name a health care surrogate, and address organ donation. The directive must be in writing, dated, and signed by the person (or at their direction), and either witnessed by two or more adults who sign in the person's presence and each other's, or acknowledged before a notary public. A blood relative, an heir, an attending physician, a person financially responsible for the person's care, or a health care facility employee (unless serving as notary) may not act as witness or notary. The form text is printed in KRS 311.625 and may be copied from the statute. Source: KRS 311.623, 311.625
Medical power of attorney	Kentucky calls the health care agent a 'health care surrogate.' The surrogate is named on the same statutory Living Will Directive form, with a backup surrogate if desired, and makes health care decisions when the person no longer has decisional capacity. The same signing rules apply: two qualified adult witnesses or a notary. An employee, owner, director or officer of a health care facility where the person is a patient or resident cannot be the surrogate unless closely related or a member of the same religious or fraternal order. A surrogate may resign by written notice. Source: KRS 311.625
Revocable living trust	Kentucky adopted the Uniform Trust Code (KRS Chapter 386B) effective July 15, 2014. A trust is created when the settlor has capacity, shows an intent to create it, names a definite beneficiary, gives the trustee duties, and is not both sole trustee and sole beneficiary. For trusts created by instruments signed on or after July 15, 2014, a trust is revocable unless its terms expressly say it is irrevocable; the settlor can revoke or amend it by the method in the trust or, if that method is not exclusive, by a later will or any other clear and convincing method. Only property titled in the trust avoids probate, so assets must be retitled or assigned to the trustee. Source: KRS 386B.4-020, 386B.6-020
Ways to avoid probate	Non-probate options include: payable-on-death bank accounts and other written transfer-on-death or beneficiary provisions in accounts, securities agreements, insurance, retirement plans, trusts and deeds of gift, which are nontestamentary (KRS 391.300-391.360); a revocable living trust (KRS Chapter 386B); and, for small estates, the $30,000 spouse/children exemption with an order dispensing with administration (KRS 391.030, 395.455). A vehicle transfer-on-death beneficiary designation becomes available January 1, 2028 (KRS 186A.037). KRS 186A.037 is effective January 1, 2028 and lets an owner name one beneficiary on a Transportation Cabinet form. Source: KRS 391.360, 391.340, 186A.037, 395.455

Executor's duties	The personal representative must file an inventory within 90 days of qualifying; it is filed under seal and a copy goes to the Department of Revenue. Creditors must present claims within six months after the representative is appointed. The representative may distribute the estate six months after qualifying, and closes the estate with a periodic or final settlement filed with the District Court, or an informal final settlement (available six months after appointment when the representative is the sole beneficiary or all beneficiaries sign waivers). Source: KRS 395.250, 396.011, 395.190, 395.605
Letters testamentary	The District Court of the county where the decedent lived appoints the executor (with a will) or administrator (without a will) on a Petition for Probate of Will and/or Appointment of Executor/Administrator (AOC-805). The court enters an order probating the will and/or appointing the fiduciary (AOC-805.1, or AOC-805.2 when there is no will); the fiduciary signs an oath (AOC-809) and the clerk issues a Certificate of Qualification (AOC-807), which serves as proof of authority. No bond is required unless the court orders a surety bond to protect the estate or the fiduciary is a public administrator or curator. Source: KRS 395.130; Kentucky Court of Justice forms AOC-805, 805.1, 805.2, 807, 809
Affidavit / determination of heirship	Yes. Before a deed of real estate inherited without a will can be recorded, an affidavit of descent must be filed with the county clerk where the land is located. It may be made by the grantor, any heir, or two Kentucky residents with personal knowledge, and must state the decedent's name, date of death, marital status and spouse, last residence, that the decedent died without a will, and each heir's name, age, address, relationship and share. The clerk records it in the deed books, indexed from the decedent to the heirs. Separately, any person claiming an interest may ask the District Court to determine heirs by motion, with at least 20 days' notice. Source: KRS 382.120, 391.035
Transferring a car after death	Transfers are handled by the county clerk. If the title lists owners joined by 'or,' a death certificate or court documents can transfer it and the surviving owner signs alone. For an 'and' title, a surviving spouse can transfer with a death certificate that states the relationship (otherwise court documents are needed); a surviving non-spouse needs a death certificate and probate documents. A vehicle passing under a will requires the will to be probated. A vehicle titled in a trust can be transferred with the title, the trust's front page, trustee page and signature page, and the death certificate. The Application for Kentucky Certificate of Title or Registration is form TC 96-182. Source: Kentucky Transportation Cabinet, Vehicle Titling

Kentucky Wills, Probate and Estate Law

Quick answers for Kentucky

Wills

If there is no will

Probate

Deeds and transferring a house

Power of attorney and health care directives

Estate and inheritance tax

Planning documents and avoiding probate

Executors and heirs

Official Kentucky forms

Probate court and deed recording by county

Kentucky estate law FAQ

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