Kentucky

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

§394.020, et seq.

Operative Facts

1. May be created by any adult with decisional capacity
2. document must be made in writing
3. document must be dated
4. document must be either witnessed by 2 or more adults in presence of grantor and in presence of each other or acknowledged before notary
5. in substantially the same form as §311.625
6. No witness can be related to grantor

Age of Testator

18 years or older and of sound mind (persons under 18 may obtain power “specially given to that effect”). However a parent, though under 18, may by will appoint a guardian for his/her child.

Number of Witnesses Required

If will is not wholly written by testator, subscription must be made or will acknowledged by testator in presence of at least two credible witnesses; witnesses must sign in presence of testator and each other.

Holographic Will Recognition

Not recognized