WILLS

KRS tit. XXXIV, ch. 394

in effect

KRS 394.010 "Will" defined

394.010. "Will" defined As used in this chapter, unless the context requires otherwise, "will": (1) Means a last will or testament, codicil, appointment by will, writing in the nature of a will in exercise of a power, and any other testamentary disposition; and (2) Includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 123, effective July 15, 2026. -- Amended 1964 Ky. Acts ch. 128, sec. 1 (1). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4824.

KRS 394.020 Persons competent to make -- What may be disposed of

394.020. Persons competent to make -- What may be disposed of Any person of sound mind and eighteen (18) years of age or over may by will dispose of any estate, right, or interest in real or personal estate that he may be entitled to at his death, which would otherwise descend to his heirs or pass to his personal representatives, even though he becomes so entitled after the execution of his will. History: Amended 1964 Ky. Acts ch. 21, sec. 4, effective January 1, 1965. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2147, 4825, 4827.

KRS 394.030 Minor can make will, when

394.030. Minor can make will, when No person under eighteen (18) years of age can make any will, except in pursuance of a power specially given to that effect, and except also, that a parent, though under eighteen (18) years of age, may by will appoint a guardian for his child. History: Amended 1974 Ky. Acts ch. 386, sec. 86, effective June 21, 1974. -- Amended 1964 Ky. Acts ch. 21, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4826.

KRS 394.035 Uniform disclaimer of transfers under nontestamentary instruments

394.035. Uniform disclaimer of transfers under nontestamentary instruments (1) A person, or the representative of an incapacitated person or protected person, who is a grantee, donee, surviving joint tenant, person succeeding to a disclaimed interest, beneficiary under a nontestamentary instrument or contract, or appointee under a power of appointment exercised by a nontestamentary instrument, may disclaim in whole or in part the right of transfer to him of any property, or interest therein by delivering or filing a written disclaimer under this section. A surviving joint tenant may disclaim as a separate interest any property or interest therein devolving to him by right of survivorship. A surviving joint tenant may disclaim the entire interest in any property, or interest therein, that is the subject of a joint tenancy devolving to him, if the joint tenancy was created by act of a deceased joint tenant, if the survivor did not join in creating the joint tenancy and he has not accepted a benefit thereunder. The right to disclaim shall survive the death of the person having it and may be exercised by the personal representative of such person's estate. The disclaimer shall describe the property or interest therein disclaimed, declare the disclaimer and extent thereof, and be signed by the disclaimant. (2) (a) An instrument disclaiming a present interest shall be delivered or filed no later than nine (9) months after the effective date of the nontestamentary instrument or contract; and a future interest shall be delivered or filed not later than nine (9) months after the event determining that the taker of the property or interest is finally ascertained and his interest is indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest the instrument shall be delivered or filed not later than nine (9) months after he has actual knowledge of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to himself or another the entire legal and equitable ownership of the interest. (b) The disclaimer or a copy thereof shall be delivered in person or mailed by registered or certified mail to the transferor or his representative or to the trustee or other person having legal title to, or possession of, the property or interest disclaimed. If real property or an interest therein is disclaimed, a copy of the instrument may be filed for record in the office of the county clerk of the county in which the real estate is situated. (3) Unless the nontestamentary instrument or contract provides for another disposition, the property or interest therein disclaimed shall devolve as if the disclaimant had died before the effective date of the instrument or contract. A disclaimer relates back for all purposes to that date. A future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the effective date of the instrument or contract that transferred the disclaimed interest. (4) (a) The right to disclaim property or an interest therein is barred by an assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor, a written waiver of the right to disclaim, an acceptance of the property or interest or benefit thereunder, or a sale of the property or interest under judicial sale made before the disclaimer is effected. (b) The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction. (c) The instrument of disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under him. (5) This section does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute. (6) An interest in property existing on July 15, 1980, as to which, if a present interest, the time for filing a disclaimer under this section has not expired, or if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine (9) months after July 15, 1980. (7) This section shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among states enacting it. (8) This section may be cited as the uniform disclaimer of transfers under nontestamentary instruments section. Effective: July 15, 1980 History: Created 1980 Ky. Acts ch. 259, sec. 10, effective July 15, 1980.

KRS 394.040 Requisites of a valid will

394.040. Requisites of a valid will No will is valid unless it is in writing with the name of the testator subscribed thereto by himself, or by some other person in his presence and by his direction. If the will is not wholly written by the testator, the subscription shall be made or the will acknowledged by him in the presence of at least two (2) credible witnesses, who shall subscribe the will with their names in the presence of the testator, and in the presence of each other. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 85, sec. 1, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4828.

KRS 394.050 Repealed, 1972

394.050. Repealed, 1972 Catchline at repeal: Soldier or sailor may make nuncupative will, how. History: Repealed 1972 Ky. Acts ch. 168, sec. 17, effective June 16, 1972. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4830.

KRS 394.060 Repealed, 2020

394.060. Repealed, 2020 Catchline at repeal: Devise or bequest extends to an execution of power. History: Repealed 2020 Ky. Acts ch. 41, sec. 40, effective July 15, 2020. -- Amended 1972 Ky. Acts ch. 168, sec. 8, effective 16, 1972. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4845.

KRS 394.065 Validity of trust, devise or legacy not affected by specified provisions

394.065. Validity of trust, devise or legacy not affected by specified provisions (1) No writing declaring and creating a trust, including a life insurance trust, when otherwise valid, shall be an invalid trust or a testamentary disposition of property because the grantor of the trust reserves to himself: (a) the income of the trust estate for his life, or any other period, or the right to receive the income of the trust estate or have it used for his benefit for his life, or any other period, whether at the grantor's direction or in the trustee's discretion; and/or (b) the right to receive amounts of the trust principal or have such amounts used for his benefit whether at the grantor's direction or in the discretion of the trustee; and/or (c) the right, at any time during his lifetime, to modify, alter, amend or revoke the trust instrument, in whole or in part; and/or (d) the right, at any time during his lifetime, to make recommendations to or direct the trustee as to any or all investments of the trustee and any or all administrative or other functions of the trustee. (2) Subsection (1) above shall be applicable to all writings executed after its enactment and to all writings previously executed if the grantor is living at the time of its enactment. History: Created 1964 Ky. Acts ch. 128, sec. 1(2) and (3), effective June 18, 1964.

KRS 394.070 Repealed, 2020

394.070. Repealed, 2020 Catchline at repeal: Appointment by will in exercise of a power -- When valid. History: Repealed 2020 Ky. Acts ch. 41, sec. 40, effective July 15, 2020. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4829.

KRS 394.075 Repealed, 1998

394.075. Repealed, 1998 Catchline at repeal: Uniform Testamentary Additions to Trusts Act. History: Repealed 1998 Ky. Acts ch. 415, sec. 12, effective July 15, 1998. -- Created 1966 Ky. Acts ch. 49, secs. 1 to 4, effective June 16, 1966.

KRS 394.076 Uniform testamentary additions to trust act

394.076. Uniform testamentary additions to trust act (1) A will may validly transfer property to the trustee of a trust: (a) Established during the testator's lifetime by the testator, by the testator and one (1) or more other persons, or by one (1) or more other persons, including a funded or unfunded life insurance trust, although one (1) or more persons other than the trustee have reserved any or all rights of ownership of the insurance contracts; or (b) Established at the testator's death by the testator's transfer to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. (2) A transfer referred to in subsection (1) of this section shall not be invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death. (3) Unless the testator's will provides otherwise, property transferred to a trust in accordance with subsection (1) of this section shall not be held under a testamentary trust of the testator but shall become a part of the trust to which it is transferred. The property shall be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments to it made before or after the testator's death. (4) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death shall cause the devise or bequest to lapse. (5) This section shall be effective for any devise or bequest made by wills of decedents dying on or after July 15, 1998. (6) This section shall be construed to effectuate its general purpose to make uniform the law of those states that enact it. (7) This section may be cited as the Uniform Testamentary Additions to Trusts Act. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 415, sec. 10, effective July 15, 1998.

KRS 394.080 Revocation of will -- How effected

394.080. Revocation of will -- How effected No will or codicil, or any part thereof, shall be revoked, except: (1) By subsequent will or codicil; (2) By some writing declaring an intention to revoke the will or codicil, and executed in the manner in which a will is required to be executed; or (3) By the person who made the will, or some person in his presence and by his direction, cutting, tearing, burning, obliterating, canceling, or destroying the will or codicil, or the signature thereto, with the intent to revoke. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 408, sec. 2, effective July 15, 1998. -- Amended 1982, Ky. Acts ch. 361, sec. 2, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 299, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4833.

KRS 394.090 Nonrevocation of will by marriage of testator

394.090. Nonrevocation of will by marriage of testator A will shall not be revoked by the marriage of the person who made the will. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 408, sec. 1, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 90, sec. 4, effective July 15, 1988. -- Amended 1974 Ky. Acts ch. 18, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4832.

KRS 394.092 Effect of divorce or annulment of marriage of testator

394.092. Effect of divorce or annulment of marriage of testator If after executing a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by the testator's remarriage to the former spouse. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 450, sec. 4, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 361, sec. 1, effective July 15, 1982.

KRS 394.095 Repealed, 1982

394.095. Repealed, 1982 Catchline at repeal: Divorce revokes will -- Exception. History: Repealed 1982 Ky. Acts ch. 361, sec. 3, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 259, sec. 9, effective July 15, 1980. -- Created 1970 Ky. Acts ch. 199, sec. 1.

KRS 394.100 Revoked will may be revived, how

394.100. Revoked will may be revived, how A will or codicil, or part thereof, that has been revoked shall be revived only by reexecution or by a codicil executed in the manner required for making a will, and then only to the extent to which an intention to revive is shown thereby. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4834.

KRS 394.110 Repealed, 2019

394.110. Repealed, 2019 Catchline at repeal: Will may be deposited with clerk for safekeeping. History: Repealed 2019 Ky. Acts ch. 99, sec. 1, effective June 27, 2019. -- Amended 1978 Ky. Acts ch. 84, sec. 23, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 354, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4865.

KRS 394.120 Validity of nonresident's will

394.120. Validity of nonresident's will The will of a person domiciled out of this state at the time of his death shall be valid as to his personal property and his real property in this state, if it is executed according to the law of the place where he was domiciled. History: Amended 1972 Ky. Acts ch. 168, sec. 9, effective June 16, 1972. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4831.

KRS 394.130 Will not admissible as evidence until probated -- Effect of probate

394.130. Will not admissible as evidence until probated -- Effect of probate No will shall be received in evidence until it has been allowed and admitted to record by a District Court; and its probate before such court shall be conclusive, except as to the jurisdiction of the court, until superseded, reversed or annulled. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 355, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4852.

KRS 394.140 Will probated in District Court -- Venue

394.140. Will probated in District Court -- Venue Wills shall be proved before, and admitted to record by, the District Court of the testator's residence (if such residence was on a United States Army post, military reservation or fort, it may be proved and admitted to record in the District Court of any county adjacent thereto); if he had no known place of residence in this state, and land is devised, then in the county where the land or part thereof lies; if no land is devised, then in the county where he died, or where his estate or part thereof is, or where there is a debt or demand owing to him. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 356, effective January 2, 1978. -- Amended 1964 Ky. Acts ch. 156, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4849.

KRS 394.145 Application for probate of will

394.145. Application for probate of will When any will is offered for probate, the court shall require a verified application to be filed by the person offering the same. Such application shall state the residence of the testator at the time of his death and such other facts as may be necessary to establish the jurisdiction of the court, and the names, ages and post office addresses of the testator's surviving spouse and, if required by the court, heirs at law, or such as are known. An application for probate and for appointment as executor or administrator with the will annexed may be combined in one (1) application. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 357, effective January 2, 1978. -- Amended 1972 Ky. Acts ch. 168, sec. 10. -- Amended 1968 Ky. Acts ch. 200, sec. 6. -- Created 1942 Ky. Acts ch. 167, sec. 6.

KRS 394.150 Probate of nonresident's will

394.150. Probate of nonresident's will When a will of a nonresident has been proved out of the state, an authenticated copy and the certificate of probate may be offered for probate in this state. When such copy is offered the court shall presume, in the absence of evidence to the contrary, that the will was duly executed and admitted to probate as a will in the state or country of the testator's domicile, and shall admit the copy to probate as a will in this state. Effective: October 1, 1942 History: Amended 1972 Ky. Acts ch. 168, sec. 11, effective June 16, 1972. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4854.

KRS 394.160 Court may compel production of a will

394.160. Court may compel production of a will Any District Court, on being informed that a person has in his custody the will of a testator, may summon him, and, by proper process, compel him to produce it. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 358, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4853.

KRS 394.170 Propounder of will may have interested parties summoned

394.170. Propounder of will may have interested parties summoned A person offering or intending to offer to a District Court a will for probate may obtain from the clerk of the court process directed to the proper officer of any county, requiring him to summon any person interested in the probate to appear and show cause why the will should not be admitted to record. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 359, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4856.

KRS 394.180 Court may order interested parties summoned

394.180. Court may order interested parties summoned The court to which a will is offered for probate may cause all persons interested in the probate to be summoned to appear on a certain day. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4857.

KRS 394.190 Summons or warning order -- Persons under disability

394.190. Summons or warning order -- Persons under disability Any person interested in such probate may be summoned, or proceeded against by warning order, and if an infant or mentally disabled person, a guardian ad litem shall be appointed. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 104, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4858. Note: 1980 Ky. Acts ch. 396, sec. 118 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 394.200 Creditors and executors are competent witnesses

394.200. Creditors and executors are competent witnesses (1) If a will charging any estate with debts is attested by a creditor, or the wife or husband of a creditor, whose debt is so charged, the creditor shall be a competent witness for or against the will. (2) No person shall, on account of his being an executor of a will, be incompetent as a witness for or against the will. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4837, 4838.

KRS 394.210 Attesting witness -- Effect of subsequent incompetency of or devise to

394.210. Attesting witness -- Effect of subsequent incompetency of or devise to (1) If any person who attests the execution of a will shall, after its execution, become incompetent to be admitted as a witness to prove its execution, the will shall not, on that account, be invalid. (2) If a will is attested by a person to whom, or to whose wife or husband, any beneficial interest in the estate is devised or bequeathed, and the will cannot otherwise be proved, such person shall be deemed a competent witness; but such devise or bequest shall be void, unless such witness would be entitled to a share of the estate of the testator if the will were not established, in which case he shall receive so much of his share as does not exceed the value of that devised or bequeathed. (3) A will may be proved by the testimony of one (1) of the subscribing witnesses without regard to the availability or competency of the other witnesses, provided said will was acknowledged or subscribed by the testator in the presence of two (2) witnesses at the same time. Effective: October 1, 1942 History: Amended 1972 Ky. Acts ch. 168, sec. 12, effective June 16, 1972. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4836.

KRS 394.220 Court may probate will without summoning parties

394.220. Court may probate will without summoning parties A District Court may, without summoning any party, proceed to probate and admit the will to record or reject it. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 360, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4860.

KRS 394.225 Self-proved will

394.225. Self-proved will (1) Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this state and evidenced by the officer's certificate, in substantially the following form: I, __________________, the testator, sign my name to this instrument this ____ day of ____________, 19____, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. __________________________________ (Testator) We, ________________, _________________, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as his last will and that he signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator and in the presence of the other subscribing witness, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. __________________________________ (Witness) __________________________________ (Witness) THE STATE OF _______________ COUNTY OF _________________ Subscribed, sworn to and acknowledged before me by ______________, the testator and subscribed and sworn to before me by ________________, and ________________, witnesses, this _____ day of ____________. (Signed)_________________________________________ (Signed)_________________________________________ (OFFICIAL CAPACITY OF OFFICER) (2) An attested will may, at any time subsequent to its execution, be made self-proved, by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this state, and evidenced by the officer's certificate, attached or annexed to the will in form and content substantially as follows: THE STATE OF _______________ COUNTY OF _________________ Before me, the undersigned authority, on this day personally appeared ______________________ and ____________________ known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument and, all of these persons being by me first duly sworn. _________________, the testator, declared to me and to the witnesses in my presence that the instrument is his last will and that he had willingly signed or directed another to sign for him, and that he executed it as his free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence and hearing of the testator, that he signed the will as witness in the presence of the testator and of the other subscribing witness, and that to the best of his knowledge the testator was eighteen (18) years of age or over, of sound mind and under no constraint or undue influence. ___________________________________ (Testator) ___________________________________ (Witness) ___________________________________ (Witness) ___________________________________ (Witness) Subscribed, sworn and acknowledged before me by ____________________, the testator, subscribed and sworn before me by ________________________ and _________________, witnesses, this _____ day of _______________, A.D., ________________ _________________________________ (OFFICIAL CAPACITY OF OFFICER) (3) The execution of an acknowledgment of a will by a testator, and of the affidavits of witnesses, made before an officer authorized to administer oaths under the laws of this state and evidenced by the officer's certificate substantially in the form set out in this section during the period between June 21, 1974, and the effective date of the 1982 amendments to this section shall be considered to be a valid execution and attestation of a written will even though the will was not signed and attested separately from the execution of the acknowledgment by the testator and the affidavits of the witnesses. (4) A self-proved will may be admitted to probate without the testimony of any subscribing witness, but otherwise treated no differently from a will not self-proved. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 75, sec. 1, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 259, sec. 11, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 299, sec. 1.

KRS 394.230 Deposition of subscribing witness -- When and how may be taken

394.230. Deposition of subscribing witness -- When and how may be taken When any will or any authenticated copy, as provided in KRS 394.150, is offered for probate, and an attesting witness resides out of this state, or though in the state is in confinement in another county under legal process, or is unable from sickness, age or other infirmity to attend the court before which the will or copy is offered, or resides at a distance of more than fifty (50) miles, the court may cause a commission to be issued, annexed to the will or copy and directed to any person authorized to take depositions, to take his deposition. The deposition of such witness shall be taken and certified as depositions are taken in other cases, except that no notice need be given of the time and place of taking, unless the probate is opposed by some person who has made himself a party. The proof so given shall have the same effect as if it had been given in the court from which the commission issued. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4855.

KRS 394.235 Proof of will where witnesses unavailable

394.235. Proof of will where witnesses unavailable When it appears to the court that a will cannot be proven as otherwise provided by law because one (1) or more or all of the subscribing witnesses to the will, at the time the will is offered for probate, are serving in or present with the Armed Forces of the United States or as merchant seamen, or are dead or mentally or physically incapable of testifying or otherwise unavailable, the court may admit the will to probate upon the testimony in person or by deposition of at least two (2) credible disinterested witnesses that the signature to the will is in the handwriting of the person whose will it purports to be, or upon other sufficient proof of such handwriting. The foregoing provision shall not preclude the court, in its discretion, from requiring in addition, proof of such other pertinent facts and circumstances as the court may deem necessary to admit the will to probate. History: Created 1944 Ky. Acts ch. 101, sec. 1, effective March 8, 1944.

KRS 394.240 Actions in Circuit Court -- Time in which to be brought -- Filing notice of proceeding

394.240. Actions in Circuit Court -- Time in which to be brought -- Filing notice of proceeding (1) Any person aggrieved by the action of the District Court in admitting a will to record or rejecting it may bring an original action in the Circuit Court of the same county to contest the action of the District Court. Such action shall be brought within two (2) years after the decision of the District Court. The parties may, in the same action, or in a separate action if the validity of the will is not in issue, seek construction, interpretation or reformation of a will. (2) Upon filing an adversary proceeding in Circuit Court in matters involving probate whether in a testate or intestate proceeding or an action pursuant to subsection (1) of this section, the plaintiff shall forthwith lodge a notice of the action in the office of the county clerk of the county in which the will was admitted to probate or rejected, or if in an intestate estate in the office of the county clerk of the county in which the estate was probated. Such notice shall state the name of the testator, the style of the action, the court in which the action has been filed, the file number assigned to the action by the clerk of the court in which it has been filed, the nature of the action, and the date on which the action was commenced. Said notice shall be signed by plaintiff or his attorney and no jurat shall be necessary. The county clerk shall record and index said notice as if it were a will. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 259, sec. 12, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 384, sec. 515, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 361, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 299, sec. 9. -- Amended 1972 Ky. Acts ch. 168, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4850.

KRS 394.250 When action in circuit court stays proceedings under will -- Court may stop distribution

394.250. When action in circuit court stays proceedings under will -- Court may stop distribution An action filed in the circuit court, pursuant to KRS 394.240, shall not, unless taken within twelve (12) months from the entry of the district court's order, prevent the appointment of an administrator or executor by the district court or the settlement, distribution, and division of the decedent's estate. The circuit court in which proceedings are pending may make an order restraining the further distribution and division of the estate. Should such a restraining order be made, the court may in its discretion require the plaintiffs to give bond as required by the Rules of Civil Procedure concerning injunctive relief in civil actions generally. Such an order shall not restrain administration of the estate other than as set out in the order. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 362, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 299, sec. 8. --Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4851.

KRS 394.260 Proceedings in Circuit Court

394.260. Proceedings in Circuit Court When the proceeding is taken to the Circuit Court, all necessary parties shall be brought before the court by the plaintiff. The final decision given shall, subject to appeal to the Court of Appeals, be a bar to any other proceeding calling the probate or rejection of the will in question. This section does not preclude a court of justice from its jurisdiction to impeach such final decision for any reason that would give it jurisdiction over any other judgment at law. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 259, sec. 13, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 384, sec. 115, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 363, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4859.

KRS 394.270 Evidence given on probate may be read at trial

394.270. Evidence given on probate may be read at trial The record of what is proved or deposed in court by witnesses on the motion to admit a will to record, and any deposition lawfully taken out of court on such motion, of witnesses who cannot be produced at a trial in the Circuit Court before a jury, may, on such trial, be admitted as evidence, to have such weight as the jury thinks they deserve. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4863.

KRS 394.280 Nonresidents, persons not parties and infants may have retrial -- Time -- Extent of

394.280. Nonresidents, persons not parties and infants may have retrial -- Time -- Extent of (1) Any person interested who, at the time of the final decision in the Circuit Court, resided out of this state and was proceeded against by warning order only, without actual appearance or being personally served with process, and any other person interested who was not a party to the proceeding by actual appearance or being personally served with process, may, within three (3) years after the final decision in the Circuit Court, by petition in equity, impeach the decision and have a retrial of the question of probate; and either party shall be entitled to a jury for the trial thereof. An infant, not a party, shall not be barred of such proceeding in equity until twelve (12) months after attaining full age. (2) But no such proceeding in equity for establishing or avoiding a will shall operate further than is necessary to the rights of such infant, nonresident, or other party, or otherwise affect the rights of any other person interested in the probate. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4861, 4862.

KRS 394.290 Repealed, 1960

394.290. Repealed, 1960 Catchline at repeal: Appeal to Court of Appeals. History: Repealed 1960 Ky. Acts ch. 104, sec. 22, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4850.

KRS 394.295 Vacation or modification of judgment upon discovery of later will

394.295. Vacation or modification of judgment upon discovery of later will The court in which a judgment has been rendered shall have power to vacate or modify it when any paper purporting to be the last will of any person has been, or may be hereafter admitted to probate, and a later will has been discovered. A judgment on this ground, however, shall not be vacated or modified, unless proceedings to that end shall be instituted within ten (10) years after the death of the testator. If the earlier will shall have been established by judgment of the Circuit Court, the proceedings to vacate shall be instituted in the Circuit Court. The proceedings to vacate shall be by petition to which all persons interested in the earlier will shall be made defendants. Otherwise, the proceedings to vacate shall be instituted in the District Court. Provided, however, that a judgment on the ground herein named shall not be vacated or modified until the validity of such later will has been determined in such proceedings. When such former judgment has been vacated or modified such later will shall be admitted to probate in the manner and under the laws governing the probation of wills before the expiration of five (5) years. The judgment establishing such later will and vacating the judgment establishing the former will shall be without prejudice to the vested rights of innocent third parties. The court in which relief is sought for the reasons herein set out, may enter such orders as may be necessary to protect the rights of the parties during the pendency of the proceedings. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 259, sec. 14, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 364, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, secs. 1 and 20, effective July 1, 1953, from C.C. sec. 518(9). -- C.C. sec. 518 amended and reenacted 1926 Ky. Acts ch. 27, sec. 1.

KRS 394.300 Recording of wills

394.300. Recording of wills (1) (a) Every will admitted to probate by any court shall be recorded by the county clerk, and shall remain in the office of the county clerk except: 1. During such time as it may be carried to another court under subpoena duces tecum; or 2. As provided in paragraph (d) of this subsection. (b) For any will recorded on or after January 1, 2027, the county clerk shall return the will to the person designated in the order admitting the will to probate no earlier than two (2) years after it has been recorded by the county clerk. (c) Any will recorded with the county clerk after January 1, 1978, and prior to January 1, 2027, that remains in the office of the county clerk may be destroyed or returned to either the person designated in the order admitting the will to probate or the person appointed as the executor or executrix of the decedent's estate no earlier than ten (10) years after the date of recording. (d) Upon receipt of any notice required under KRS 394.240, the county clerk shall not return a will under paragraph (b) or (c) of this subsection until: 1. The adversarial proceeding is final and nonappealable; or 2. Authorized by a court of competent jurisdiction. (e) Any attempted return of a will under paragraph (b) or (c) of this subsection that is: 1. Returned to the county clerk as undeliverable; or 2. Precluded due to insufficient information regarding an address or to whom the will should be returned; may be destroyed. (2) (a) A will probated in the court of one Kentucky county and recorded in the office of the county clerk for that county may be recorded in the office of the county clerk for other counties without the process of probate in the other county. (b) Production of an attested copy of the will together with an attested copy of the order of probate shall be required by the county clerk of the other county before recordation. (c) The clerk shall make the same charge for recordation as is otherwise provided for recording a will. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 3, effective July 15, 2026. -- Amended 1980 Ky. Acts ch. 259, sec. 15, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1 942, from Ky. Stat. sec. 4864.

KRS 394.310 Original will may be withdrawn from court, when

394.310. Original will may be withdrawn from court, when The District Court before which a will has been probated may permit any person interested to withdraw the will temporarily upon proper terms, if it is shown that the original will is necessary as evidence in any proceeding pending in a foreign government, or in any state of the United States. A copy of the will shall always be retained and entered upon the records of the court permitting the withdrawal. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 365, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4866.

KRS 394.320 Repealed, 1980

394.320. Repealed, 1980 Catchline at repeal: Devisee may disclaim by deed. History: Repealed 1980 Ky. Acts ch. 259, sec. 30, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 366, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2067.

KRS 394.330 Will speaks as of time testator dies

394.330. Will speaks as of time testator dies A will shall be construed, with reference to the real and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention appears in the will. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4839.

KRS 394.340 General devise of land includes all interests therein owned by testator

394.340. General devise of land includes all interests therein owned by testator A devise of the land of the testator, or of the land of the testator in any place or occupied by any person mentioned in his will or otherwise described in a general manner, and any other general devise which would describe a leasehold estate, if the testator had no freehold estate which could be described by it, shall be construed to include his leasehold estates, or any of them to which the description extends, as well as freehold estates, unless a contrary intention appears in the will. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4844.

KRS 394.350 Conveyance or act subsequent to will -- Effect as to interest owned at death

394.350. Conveyance or act subsequent to will -- Effect as to interest owned at death No conveyance or other act subsequent to the execution of a will shall, unless it be an act by which the will is revoked, prevent its operation with respect to such interest in the estate comprised in the will as the testator would have power to dispose of by will at the time of his death. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4835.

KRS 394.360 Conversion or removal of devised property not an ademption unless intended

394.360. Conversion or removal of devised property not an ademption unless intended (1) The conversion of money or property or the proceeds of property, devised to one (1) of the testator's heirs, into other property or thing, with or without the assent of the testator, shall not be an ademption of the legacy or devise unless the testator so intended; but the devisee shall have and receive the value of such devise, unless a contrary intention on the part of the testator appears from the will, or by parol or other evidence. (2) The removal of property devised shall not operate as an ademption, unless a contrary intention on the part of the testator is manifested in like manner. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2068, 2069.

KRS 394.370 Advancement, when deemed satisfaction of devise

394.370. Advancement, when deemed satisfaction of devise A provision for or advancement to any person shall be deemed a satisfaction in whole or in part of a devise or bequest to such person contained in a previous will, if it would be so deemed in case the devisee or legatee were the child of the testator; and whether he is a child or not, it shall be so deemed in all cases in which it appears from parol or other evidence to have been so intended. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4840.

KRS 394.380 Repealed, 1972

394.380. Repealed, 1972 Catchline at repeal: Pretermitted child -- Provisions concerning. History: Repealed 1972 Ky. Acts ch. 168, sec. 17. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4847, 4848.

KRS 394.382 Share of pretermitted child

394.382. Share of pretermitted child (1) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the testator had died intestate unless: (a) It appears from the will that the omission was intentional; (b) When the will was executed the testator had one (1) or more children and devised substantially all his estate to the other parent of the omitted child; or (c) The testator provided for the child by transfers outside the will and the intent that the transfers be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfers or other evidence. (2) In satisfying a share provided for in this section, such share shall be taken ratably from the interest of heirs, devisees and legatees. History: Created 1972 Ky. Acts ch. 168, sec. 2, effective June 16, 1972.

KRS 394.390 Repealed, 1972

394.390. Repealed, 1972 Catchline at repeal: Child or grandchild believed to be dead, or whose birth is not known to testator. History: Repealed 1972 Ky. Acts ch. 168, sec. 17, effective June 16, 1972. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4842.

KRS 394.400 Issue of dead devisee or legatee take parent's share

394.400. Issue of dead devisee or legatee take parent's share If a devisee or legatee dies before the testator, or is dead at the making of the will, leaving issue who survive the testator, such issue shall take the estate devised or bequeathed, as the devisee or legatee would have done if he had survived the testator, unless a different disposition thereof is made or required by the will. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4841.

KRS 394.410 Death of part of group of devisees before testator -- Children includes grandchildren

394.410. Death of part of group of devisees before testator -- Children includes grandchildren (1) When a devise is made to several as a class or as tenants in common, and one (1) or more of the devisees die before the testator, and another or others survive the testator, the share or shares of such as so die shall go to his or their descendants, if any; if none, to the surviving devisees, unless a different disposition is made by the devisor. (2) A devise to children embraces grandchildren when there are no children, and no other construction will give effect to the devise. (3) If a devise is made to several as joint tenants with right of survivorship and one (1) or more of the devisees dies before the testator and another or others survive the testator, the share or shares of such as so die shall go to such as so survive. Provided, however, in the event of the death of all the joint tenants before the death of the testator, the order of death of the joint tenants shall not affect the devolution of the property and, in this case, devolution shall be governed by subsection (1) hereof, as if the devise had been made to the deceased devisees as tenants in common. Effective: October 1, 1942 History: Amended 1972 Ky. Acts ch. 168, sec. 14, effective June 16, 1972. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2064.

KRS 394.420 Contribution, when devised estate used for payment of testator's debt

394.420. Contribution, when devised estate used for payment of testator's debt (1) When any devised estate, real or personal, is taken from the devisee for the payment of a debt of the testator, or one (1) of the devisees pays such debt to save his devise, each of the other devisees shall contribute his proportion of the debt, interest, and costs to the person paying the same, according to the value received by him. (2) If the testator has, by will, made other provision for the payment of his debts, subsection (1) shall not apply except to the extent that such provision and the testator's undevised estate is deficient. The remedy of such devisee in the first instance shall be against the person holding the provision, and against the undevised estate. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2073, 2074.

KRS 394.430 Residuary and other legatees not entitled to contribution

394.430. Residuary and other legatees not entitled to contribution A residuary legatee, or legatee after or subject to the payment of debts, or a devisee to whom an estate has or shall be devised to pay debts, shall not, after paying such debts, be entitled to contribution. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2075.

KRS 394.440 Specific and general devises -- Distinction

394.440. Specific and general devises -- Distinction As respects the payment of the testator's debts, there shall be no distinction between specific and general devises except as provided in this chapter. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2076.

KRS 394.450 Contribution when title to estate devised to heir fails

394.450. Contribution when title to estate devised to heir fails When any real or personal estate is devised to any heir at law of the testator, and the title to the estate, or any part thereof, proves invalid, such devisee shall have contribution from the others, unless it appears from the will that such was not the intention of the testator. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2077.

KRS 394.460 Posthumous child -- How share made up

394.460. Posthumous child -- How share made up When a testator shall have a posthumous child, the share of such child shall be first taken from the estate not disposed of by the will, if any be left after paying debts and other charges, and the residue shall be made up ratably by the devisees. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2078.

KRS 394.470 Posthumous child to make contribution

394.470. Posthumous child to make contribution A posthumous child shall be considered a devisee under the law of contribution and entitled to all his rights, and liable to all his responsibilities. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2079.

KRS 394.480 Contribution when curtesy or dower taken from devise

394.480. Contribution when curtesy or dower taken from devise (1) When a widower's curtesy or widow's dower is taken, or the survivor's portion is made up, in whole or in part, from the estate devised to a devisee, such devisee shall have contribution on the principles of KRS 394.420 to 394.490 unless the will otherwise directs, or it is necessarily to be inferred therefrom that the testator intended the same to fall on such devisee. (2) When a widower or widow loses his jointure by a defect of title, or renounces it in legal manner, and his dower, curtesy or portion is assigned or made up in whole or in part from the estate devised to a devisee, that devisee shall have contribution on the principles of KRS 394.420 to 394.490. History: Amended 1974 Ky. Acts ch. 386, sec. 87, effective June 21, 1974. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2081, 2082.

KRS 394.490 Law as to property devised subject to lien

394.490. Law as to property devised subject to lien KRS 394.420 to 394.490 shall not affect any statutory provision in relation to property devised which may be subject to a lien. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2083.

KRS 394.500 Void or lapsed devise included in residuary devise

394.500. Void or lapsed devise included in residuary devise Unless a contrary intention appears from the will, real or personal estate, comprised in a devise or bequest incapable of taking effect, shall be included in the residuary devise contained in the will. History: Amended 1974 Ky. Acts ch. 299, sec. 11, effective June 21, 1974. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4843.

KRS 394.510 Obligee has lien on devise charged with obligation

394.510. Obligee has lien on devise charged with obligation When any property is devised subject to or upon the payment by the devisee to another of a sum of money or his doing some other thing, the latter shall have a lien on the legacy for the sum to be paid, or for the value of the thing to be done. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2066.

KRS 394.520 Specific legacy -- When payable

394.520. Specific legacy -- When payable If no time is fixed for the payment of a specific pecuniary legacy, it shall be payable one (1) year after the probate of the will, and carry interest after due. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 259, sec. 16, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2065.

KRS 394.530 Purchaser of trust estate -- When required to see to application

394.530. Purchaser of trust estate -- When required to see to application Where lands are devised to be sold on special or general trust, or are conveyed or devised to trustees or executors in trust to be sold generally or for any specific purpose, the purchaser shall not be bound to look to the application of the purchase money, unless so expressly required by the conveyance or devise. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4846.

KRS 394.540 Contract to make a will, not to revoke a will or to die intestate

394.540. Contract to make a will, not to revoke a will or to die intestate (1) A contract to make a will or devise, or not to revoke a will or devise or to die intestate, if executed after June 16, 1972, can be established only by: (a) Provisions of a will stating material provisions of the contract; (b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (c) A writing signed by the decedent evidencing the contract. (2) The execution of a joint will or mutual wills gives rise to no presumption of a contract not to revoke the will or wills. History: Created 1972 Ky. Acts ch. 168, sec. 3, effective June 16, 1972.

KRS 394.550 Stock legacy to include split shares, dividends, and shares issued in merger and exchange

394.550. Stock legacy to include split shares, dividends, and shares issued in merger and exchange A legacy of stock, regardless of whether it is construed to be general or specific, shall include: (1) All stock split shares attributable to the devised shares; (2) All stock dividends attributable to the devised shares; (3) All shares of stock issued as a result of merger, consolidation, reorganization or other similar action, and attributable to the devised shares; and (4) All shares of stock issued in exchange for and attributable to the devised shares, received by the testator after execution of the will or by his estate after his death, unless there is in the will or a codicil thereto a manifest intention to the contrary. History: Created 1972 Ky. Acts ch. 168, sec. 4, effective June 16, 1972.

KRS 394.610 Right to disclaim succession

394.610. Right to disclaim succession (1) As used in this section, the "legal representative of a living person" includes the person's conservator, limited conservator, guardian, limited guardian, and attorney- in-fact. (2) A living person, or the legal representative of a living person, who is an heir, next of kin, devisee, legatee, joint tenant, person succeeding to a disclaimed interest, beneficiary under a testamentary instrument, or appointee under a power of appointment exercised by a testamentary instrument, may disclaim in whole or in part the right of succession to any property or interest therein, including a future interest, by filing a written disclaimer under KRS 394.610 to 394.670. The right to disclaim shall survive the death of the person having it and may be exercised by the personal representative of such person's estate without authorization of the court having jurisdiction over the estate of the person. The instrument shall: (a) Describe the property or interest disclaimed; (b) Declare the disclaimer and extent thereof; and (c) Be signed by the disclaimant. (3) No disclaimer by a living person's legal representative, except for the person's attorney-in-fact, shall be made unless the court having jurisdiction of the estate of the disabled, incapacitated, or protected person has authorized the disclaimer. No disclaimer by the person's attorney-in-fact shall be made unless the instrument governing the attorney-in-fact's authority expressly authorizes a disclaimer. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 267, sec. 3, effective July 15, 1998. -- Amended 1980 Ky. Acts ch. 259, sec. 17, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 329, sec. 1.

KRS 394.620 Time and place of filing disclaimer

394.620. Time and place of filing disclaimer (1) An instrument disclaiming a present interest shall be filed not later than nine (9) months after the death of the decedent or the donee of the power. (2) An instrument disclaiming a future interest shall be filed not later than nine (9) months after the event that determines that the taker of the property or interest is finally ascertained and his interest indefeasibly vested. (3) The disclaimer shall be filed in the District Court of the county in which proceedings have been commenced for the administration of the estate of the deceased owner or deceased donee of the power or, if they have not been commenced, in which they could be commenced. A copy of the disclaimer shall be delivered in person or mailed by registered or certified mail to any personal representative, or other fiduciary of the decedent or donee of the power. If real property or an interest therein is disclaimed, a copy of the disclaimer may be recorded in the office of the county clerk of the county in which the real estate is situated. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 259, sec. 18, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 367, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 329, sec. 2.

KRS 394.630 Effect of disclaimer

394.630. Effect of disclaimer Unless the decedent or donee of the power has otherwise provided, the property or interest disclaimed devolves as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power. A future interest that takes effect in possession or enjoyment after the termination of the estate or interest disclaimed takes effect as if the disclaimant had predeceased the decedent or the donee of the power. A disclaimer relates back for all purposes to the date of the death of the decedent or the donee of the power. History: Created 1974 Ky. Acts ch. 329, sec. 3, effective June 21, 1974.

KRS 394.640 Waiver and bar

394.640. Waiver and bar (1) The right to disclaim property or an interest therein is barred by (a) an assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor, (b) a written waiver of the right to disclaim, (c) an acceptance of the property or interest or benefit thereunder, or (d) a sale of the property or interest under judicial sale made before the disclaimer is effected. (2) The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction. (3) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under him. History: Created 1974 Ky. Acts ch. 329, sec. 4, effective June 21, 1974.

KRS 394.650 Exclusiveness of remedy

394.650. Exclusiveness of remedy KRS 394.610 to 394.670 does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute. History: Created 1974 Ky. Acts ch. 329, sec. 5, effective June 21, 1974.

KRS 394.660 Repealed, 1982

394.660. Repealed, 1982 Catchline at repeal: Application. History: Repealed 1982 Ky. Acts ch. 277, sec. 21, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 329, sec. 6.

KRS 394.670 Uniformity of application and construction

394.670. Uniformity of application and construction KRS 394.610 to 394.670 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of KRS 394.610 to 394.670 among states enacting it. History: Created 1974 Ky. Acts ch. 329, sec. 7, effective June 21, 1974.

KRS 394.680 Short title

394.680. Short title KRS 394.610 to 394.670 may be cited as the Uniform Disclaimer of Transfers by Will, Intestacy, or Appointment Act. History: Created 1974 Ky. Acts ch. 329, sec. 8 effective June 21, 1974.

KRS 394.700 Definitions for KRS 394.700 to 394.715

394.700. Definitions for KRS 394.700 to 394.715 As used in KRS 394.700 to 394.715: (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (2) "Electronic presence" means the relationship of two (2) or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location; (3) "Electronic will" means a will executed electronically in compliance with the requirements of KRS 394.706; (4) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (5) "Sign" means, with present intent to authenticate or adopt a record: (a) To execute or adopt a tangible symbol; or (b) To affix to or logically associate with the record an electronic symbol or process; (6) "State" has the same meaning as in KRS 386B.1-010; and (7) "Will" has the same meaning as in KRS 394.010. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 32, effective July 15, 2026.

KRS 394.702 Applicability and principles of electronic wills

394.702. Applicability and principles of electronic wills An electronic will is a will for all purposes of the law of this Commonwealth. The law of this Commonwealth applicable to wills and principles of equity apply to an electronic will, except as modified by KRS 394.700 to 394.715. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 33, effective July 15, 2026.

KRS 394.704 Jurisdiction

394.704. Jurisdiction A will executed electronically but not in compliance with KRS 395.706 is an electronic will if executed in compliance with the law of the jurisdiction where the testator is: (1) Physically located when the will is signed; or (2) Domiciled or residing when the will is signed or when the testator dies. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 34, effective July 15, 2026.

KRS 394.706 Execution of electronic wills

394.706. Execution of electronic wills (1) Subject to KRS 394.710(3), an electronic will shall be: (a) A record that is readable as text at the time of signing under paragraph (b) of this subsection; (b) Signed by: 1. The testator; or 2. Another individual in the testator's name, in the testator's physical presence, and by the testator's direction; and (c) Signed in the physical or electronic presence of the testator by at least two (2) individuals, each of whom is a resident of this Commonwealth and physically located in this Commonwealth at the time of signing and within a reasonable time after witnessing: 1. The signing of the will under paragraph (b) of this subsection; or 2. The testator's acknowledgment of the signing of the will under paragraph (b) of this subsection or acknowledgment of the will. (2) An electronic symbol of a testator or witness shall consist of an electronic image of the testator's or witness's signature in his or her handwriting affixed to the electronic will. (3) A testator's intent that the record under subsection (1)(a) of this section be the testator's electronic will may be established by extrinsic evidence. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 35, effective July 15, 2026.

KRS 394.708 Revocation

394.708. Revocation (1) An electronic will may revoke all or part of a previous will. (2) All or part of an electronic will may be revoked by: (a) A subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or (b) A physical act, if it is established by clear and convincing evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator's physical presence. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 36, effective July 15, 2026.

KRS 394.710 Attestation and self-proving upon execution

394.710. Attestation and self-proving upon execution (1) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of witnesses. (2) The acknowledgment and affidavits under subsection (1) of this section shall be: (a) Made before a notary public authorized to administer oaths under the law of the state in which execution occurs or, if fewer than two (2) attesting witnesses are physically present in the same location as the testator at the time of signing under KRS 394.706(1)(b), before a notary public authorized under KRS 423.455; (b) Evidenced by the notary public's certificate under official seal affixed to or logically associated with the electronic will; and (c) In a form substantially similar to KRS 394.225(1) and (2). (3) A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under KRS 394.700 to 394.715 is deemed a signature of the electronic will under KRS 394.706(1). Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 37, effective July 15, 2026.

KRS 394.712 Certification of paper copy

394.712. Certification of paper copy An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electronic will is made self-proving, the certified paper copy of the will shall include the self-proving affidavits. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 38, effective July 15, 2026.

KRS 394.714 Uniformity of application and construction

394.714. Uniformity of application and construction In applying and construing KRS 394.700 to 394.715, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 39, effective July 15, 2026.

KRS 394.715 Applicable on or after July 15, 2026

394.715. Applicable on or after July 15, 2026 KRS 394.700 to 394.715 shall apply to the will of a decedent who dies on or after July 15, 2026. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 40, effective July 15, 2026.

KRS 394.720 Definitions for KRS 394.720 to 394.750

394.720. Definitions for KRS 394.720 to 394.750 As used in KRS 394.720 to 394.750: (1) "Electronic" has the same meaning as in KRS 394.700; (2) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means; (3) "Electronic signature" means an electronic symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record; (4) "Information" includes data, text, images, codes, computer programs, software, and databases; (5) "Nontestamentary estate planning document" means a record relating to estate planning that is readable as text at the time of signing and is not a will or contained in a will. The term: (a) Includes a record readable as text at the time of signing that creates, exercises, modifies, releases, or revokes: 1. A trust instrument; 2. A trust power that under the terms of the trust requires a signed record; 3. A certification of a trust under KRS 386B.10-120; 4. A power of attorney that is durable under KRS Chapter 457; 5. An agent's certification under KRS 457.430; 6. A power of appointment; 7. An advance directive or medical order for scope of treatment under KRS 311.621 to 311.643; 8. A record directing disposition of an individual's body after death; 9. A nomination of a guardian for the signing individual; 10. A nomination of a guardian for a minor child or disabled adult child; 11. An advance directive for mental health treatment under KRS 202A.420 to 202A.432; 12. A community property survivorship agreement; 13. A disclaimer under KRS 394.035 or KRS 394.610 to 394.670; and 14. Any other record intended to carry out an individual's intent regarding property or health care while incapacitated or on death; and (b) Does not include a deed of real property or certificate of title for a motor vehicle, watercraft, or aircraft; (6) "Person" has the same meaning as in KRS 386B.1-010; (7) "Power of attorney" means a record that grants authority to an agent in place of the principal, even if the term is not used in the record; (8) "Record" has the same meaning as in KRS 394.700; (9) "Security procedure" means a procedure to verify that an electronic signature, record, or performance is that of a specific person or to detect a change or error in an electronic record. The term includes a procedure that uses an algorithm, code, identifying word or number, encryption, or callback or other acknowledgment procedure; (10) "Settlor" has the same meaning as in KRS 386B.1-010; (11) "Sign" has the same meaning as in KRS 394.700; (12) "State" has the same meaning as in KRS 386B.1-010; (13) "Terms of a trust" has the same meaning as in KRS 386B.1-010; (14) "Trust instrument" has the same meaning as in KRS 386B.1-010; and (15) "Will" has the same meaning as in KRS 394.010 Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 41, effective July 15, 2026.

KRS 394.722 Construction and application

394.722. Construction and application KRS 394.720 to 394.750 shall be construed and applied to: (1) Facilitate electronic estate planning documents and signatures consistent with other law; and (2) Be consistent with reasonable practices concerning electronic documents and signatures and continued expansion of those practices. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 42, effective July 15, 2026.

KRS 394.724 Scope of KRS 394.720 to 394.750 -- Limitations

394.724. Scope of KRS 394.720 to 394.750 -- Limitations (1) Except as provided in subsection (2) of this section, KRS 394.720 to 394.750 apply to an electronic nontestamentary estate planning document and an electronic signature on a nontestamentary estate planning document. (2) KRS 394.720 to 394.750 do not apply to a nontestamentary estate planning document if the document precludes use of an electronic record or electronic signature. (3) KRS 394.720 to 394.750 do not affect the validity of an electronic record or electronic signature that is valid under: (a) The Uniform Electronic Transactions Act, KRS 369.101 to 369.120; or (b) The Uniform Electronic Wills Act, KRS 394.700 to 394.715. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 43, effective July 15, 2026.

KRS 394.726 Principles of law and equity

394.726. Principles of law and equity The law of this Commonwealth and principles of equity applicable to a nontestamentary estate planning document apply to an electronic nontestamentary estate planning document except as modified by KRS 394.720 to 394.750. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 44, effective July 15, 2026.

KRS 394.728 Use of electronic record or signature not required

394.728. Use of electronic record or signature not required (1) KRS 394.720 to 394.750 do not require a nontestamentary estate planning document or signature on a nontestamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (2) A person is not required to have a nontestamentary estate planning document in electronic form or signed electronically even if the person previously created or signed a nontestamentary estate planning document by electronic means. (3) A person may not waive the provisions of this section. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 45, effective July 15, 2026.

KRS 394.730 Recognition of electronic nontestamentary estate planning documents and signatures

394.730. Recognition of electronic nontestamentary estate planning documents and signatures (1) A nontestamentary estate planning document or signature on a nontestamentary estate planning document shall not be denied legal effect or enforceability solely because it is in electronic form. (2) If any other law of this Commonwealth requires a signature on a nontestamentary estate planning document to be in writing, an electronic record of the document satisfies the requirement. (3) If other law of this Commonwealth requires a signature on a nontestamentary estate planning document, an electronic signature satisfies the requirement. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 46, effective July 15, 2026.

KRS 394.732 Attribution and effect of electronic record and signature

394.732. Attribution and effect of electronic record and signature (1) An electronic nontestamentary estate planning document or electronic signature on an electronic nontestamentary estate planning document is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including by showing the efficacy of a security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (2) The effect of attribution to a person under subsection (1) of this section of a document or signature is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption and as provided by other law. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 47, effective July 15, 2026.

KRS 394.734 Notarization and acknowledgement

394.734. Notarization and acknowledgement If other law of this Commonwealth requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically associates the individual's electronic signature on the document together with all other information required to be included under the other law. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 48, effective July 15, 2026.

KRS 394.736 Witnessing and attestation

394.736. Witnessing and attestation (1) If any other law of this Commonwealth bases the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic. (2) If other law of this Commonwealth bases the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual in the presence of the individual signing the document, the presence requirement is satisfied if the individuals are in each other's electronic presence. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 49, effective July 15, 2026.

KRS 394.738 Retention of electronic record -- Original form

394.738. Retention of electronic record -- Original form (1) Except as provided in subsection (2) of this section, if other law of this Commonwealth requires an electronic nontestamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an electronic record that: (a) Accurately reflects the information in the document after it was first generated in final form as an electronic record or under KRS 394.740; and (b) Remains accessible to the extent required by the other la w. (2) A requirement under subsection (1) of this section to retain a record does not apply to information the sole purpose of which is to enable the record to be sent, communicated, or received. (3) A person may satisfy subsection (1) of this section by using the services of another person. (4) If other law of this Commonwealth requires a nontestamentary estate planning document to be presented or retained in its original form, or provides consequences if a nontestamentary estate planning document is not presented or retained in its original form, an electronic record retained in accordance with subsection (1) of this section satisfies the other law. (5) This section does not preclude a governmental agency from specifying requirements for the retention of a record subject to the agency's jurisdiction in addition to those in this section. In this subsection, "governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 50, effective July 15, 2026.

KRS 394.740 Certification of paper copy

394.740. Certification of paper copy An individual may create a certified paper copy of an electronic nontestamentary estate planning document by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 51, effective July 15, 2026.

KRS 394.742 Admissibility in evidence

394.742. Admissibility in evidence Evidence relating to an electronic nontestamentary estate planning document or an electronic signature on the document may not be excluded in a proceeding solely because it is in electronic form. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 52, effective July 15, 2026.

KRS 394.744 Uniformity of application and construction

394.744. Uniformity of application and construction In applying and construing KRS 394.720 to 394.750, a court shall consider the promotion of uniformity of the law among the jurisdictions that enact it. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 53, effective July 15, 2026.

KRS 394.746 Relation to Electronic Signatures in Global and National Commerce Act

394.746. Relation to Electronic Signatures in Global and National Commerce Act KRS 394.720 to 394.750 modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq., as amended, but do not modify, limit, or supersede 15 U.S.C. sec. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. sec. 7003(b). Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 54, effective July 15, 2026.

KRS 394.750 Applicable before, on, or after July 15, 2026

394.750. Applicable before, on, or after July 15, 2026 KRS 394.720 to 394.750 apply to an electronic nontestamentary estate planning document created, signed, generated, sent, received, or stored before, on, or after July 15, 2026. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 134, sec. 55, effective July 15, 2026.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39195Fetched: 10/20/2026