How to Make a Valid Will in Kentucky
What Kentucky law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short 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). KRS 394.020, 394.030, 394.040
| 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 |
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| 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 |
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- Who Inherits If You Die Without a Will in Kentucky
- How Probate Works in Kentucky
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- All Kentucky wills, probate and estate rules
FAQ
What makes a will valid in Kentucky?
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.
Is a handwritten will valid in Kentucky?
Yes. A will written entirely in the testator's handwriting and signed by the testator is valid without witnesses.
Does a will need to be notarized in Kentucky?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.