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Stat. 394.300. Section 394.300 - Recording of wills (1) Every will or authenticated copy admitted to record by any court shall be recorded by the county clerk, and remain in his office, except during such time as it may be carried to another court under subpoena duces tecum.
One of the most common questions probate and estate planning practitioners receive is, Do I need a will if I dont own anything?. The simple answer is yes. If you are a legal adult, you will need a last will and testament even if its basic. Heres why you should have a will, even if you dont have any assets.
The basic requirements for a Kentucky last will and testament include the following: Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by another person under his direction and in his presence.
A person can also challenge a will that was rejected. By proving that they were harmed under the law by the rejection of the will, the challenger would have standing under Kentucky Law, and would therefore be allowed to file suit.
You may need a will when youre single if: You have a positive net worth. You own a home or have other assets that would need to be distributed if you die. Youre worried about who would end up with your assets once you pass away.
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The state of Kentucky does not allow digital-only wills, which are wills that are made, signed, and witnessed electronically without making a paper copy. After making an online will in Kentucky, you must print it out and sign it (in front of two witnesses who also sign it in front of you and each other).
In Kentucky you can write a will in your own handwriting. This type of will is known as a holographic will. If you make this kind of will, the entire will needs to be handwritten by you. It must be signed and dated by you as well.
A Will might be considered invalid if: The Will has been forged. The deceased lacked mental capacity when writing their Will (also known as lacking testamentary capacity) The deceased was manipulated or pressured when writing their Will (known as undue influence) The Will wasnt properly signed or witnessed.
A Kentucky last will and testament can also allow you to name someone as the legal guardian of your children. Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person.
A will can be declared invalid if the statutory formalities were not followed at the time of signing. These defects may include the absence of required witnesses, a forged signature, or the testators lack of legal authority to make one or more bequests in the will.

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