Will And Trust Maker Blog

The Kentucky Will Guide That Actually Makes Sense

Here’s something that might keep you up at night: thinking about creating a will can be gut-wrenching, but not having one is worse. Without a will, Kentucky’s government decides who gets your stuff and who takes care of your kids.

And state bureaucrats don’t know that you wanted your horse farm to go to your animal-loving daughter, not your son who thinks horses are “big, expensive lawn ornaments.”

Creating a will isn’t just about preventing tragedy — it’s about taking control and giving your family a clear roadmap instead of leaving them to guess what you would have wanted.


Kentucky Will Laws (What You Need to Know)

Kentucky’s will requirements come from the Kentucky Revised Statutes, Chapter 394 (Wills), with specific execution requirements outlined in KRS 394.040. The Commonwealth allows online will creation but hasn’t adopted electronic will legislation, so you must print your online-created will and sign it with wet ink.

This means Kentucky residents have fewer modern options than people in states that have embraced electronic wills.


What This Actually Costs

Here’s the honest money breakdown:

  • Traditional attorney route: $300 to $1,000 for simple estates
  • Online platforms: Around $200 for individuals, $300 for couples
  • DIY handwritten approach: Free upfront, risky if you mess up legal requirements

Most people with straightforward situations don’t need expensive attorneys unless they have complicated business structures or family drama requiring special legal handling.


Kentucky Will Requirements (The Make-or-Break Rules)

Basic Requirements:

✓ Must have wet signature (physical ink signature)

✓ Must be signed with two witnesses present

✓ Witnesses must be of sound mind

✓ Must be in physical form (printed on paper)

✓ You must be 18+ and of sound mind and memory

✓ Must be made voluntarily and freely (no coercion)

✓ Must be typed or written (not verbal)

What Makes a Kentucky Will Invalid:

✗ Digital signatures only

✗ Digital format only (like PDF)

✗ Testator under 18 years old

✗ Unsigned will

✗ Verbal will

✗ Signed without two sound-minded witnesses present


Can You Create Your Own Will? (Yes, But Be Smart)

Kentucky allows handwritten wills, but here’s what most people don’t realize: one unclear sentence or missing legal requirement can leave your family dealing with probate complications and delays.

If you’re going DIY, use a reliable online platform designed by attorneys who know Kentucky’s specific requirements. Don’t try to wing it with a handwritten document unless you enjoy potential legal headaches.


Do You Need a Lawyer? (Usually Not)

Technically, you don’t need a lawyer to create a valid Kentucky will. You might want one if:

  • Your estate includes complex business interests
  • You need sophisticated tax planning
  • You have contentious family situations
  • You want advanced trust structures

For most families with straightforward wishes, online will creation handles everything at a fraction of attorney costs while still providing legal guidance.


Step-by-Step Kentucky Will Creation

Here’s the process that actually works:

  1. Choose a trusted online platform (they’re not all equal in quality)
  2. Draft your will using guided questions about assets and beneficiaries
  3. Review everything carefully (mistakes here create expensive problems later)
  4. Print the will on paper (required by Kentucky law)
  5. Sign with wet ink in front of two sound-minded witnesses
  6. Get witness signatures (they must be present when you sign)
  7. Add notarization (optional but recommended for extra protection)
  8. Store securely both physical copy and digital backup

Notarization: Not Required But Smart

Kentucky doesn’t require notarization, but it’s cheap insurance. Here’s why:

  • Without notary: Standard probate process with potential complications
  • With notary: Extra layer of protection and credibility for your will

You can find notaries at shipping stores, office supply stores, or use mobile notary services.


Kentucky Witness Requirements

Your witnesses must be:

  • Of sound mind
  • Present when you sign with wet ink
  • Able to provide their own signatures

Pro tip: Use neutral parties as witnesses to avoid potential conflicts of interest.


What Goes in Your Kentucky Will

Your will should address:

  • Asset distribution – who gets what property
  • Guardian selection – for minor children
  • Executor appointment – who manages your estate
  • Final arrangements – burial, cremation, funeral preferences
  • Specific gifts – to individuals or charities
  • Pet care instructions
  • Personal messages – to loved ones

Kentucky Probate and Filing Requirements

  • During your lifetime: No filing required
  • After death: Executor may need to file with court if will goes to probate
  • Timeline: Will can be filed up to 10 years after death (but sooner is better)
  • Public record: Wills that go through probate become public record
  • Storage: County Clerk keeps hard copy indefinitely after probate

Common Kentucky Will Mistakes

Legal Requirements:

  • Trying to use digital signatures (invalid in Kentucky)
  • Creating digital-only will without printing
  • Not having proper witness signatures

Witness Problems:

  • Not having witnesses present during signing
  • Using witnesses who aren’t of sound mind
  • Missing witness signatures entirely

Content Issues:

  • Vague language creating confusion
  • Missing key appointments (executor, guardian)
  • Not addressing specific Kentucky laws

Storage Problems:

  • Family can’t locate the will when needed
  • No secure backup copies
  • Poor organization of important documents

Why Kentucky Is Behind the Times

While progressive states have embraced electronic wills, Kentucky still requires paper and physical signatures. This means Kentucky residents must:

  • Print their online-created wills
  • Use wet ink signatures only
  • Store paper documents securely
  • Deal with potential paper document issues

The Kentucky Disadvantage

Kentucky residents miss out on benefits available in other states:

  • No electronic will recognition
  • No remote witnessing capabilities
  • No digital signature acceptance
  • Outdated paper-based requirements

Take Action Today

Every day without a will is a day your family’s future depends on Kentucky’s default inheritance laws instead of your personal wishes.

Don’t be the person whose family faces unnecessary probate complications and delays trying to figure out what you would have wanted. Even though Kentucky’s laws require old-fashioned paper and ink, you can still create your will online and simply print and sign it.


Get Started Now

The key is following Kentucky’s specific requirements exactly, including the wet signature and witness requirements. Your loved ones will thank you for taking 30 minutes to protect their future instead of leaving them to navigate legal complexities and guess your intentions.


This information is educational only and not legal advice. Complex situations may require professional legal guidance.

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