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Wills must be admitted for probate in the District Court of the County and an order issued probating the will by the District Court Judge. Once the will is probated it must be recorded in the County Clerks office along with the order appointing administrator or executor of the estate.
Contesters of a will have two years to file the complaint but if it is filed within one year, then the assets bequeathed in the will are frozen for distribution.
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.
What Is a Valid Will? A Kentucky will must be signed by two witnesses. The witnesses cannot be people who are beneficiaries of the will or whose spouses are beneficiaries of the will. The wrong witnesses can make a will invalid and change the amount received by beneficiaries.
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.
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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.
Steps to Create a Will in Kentucky Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage childrens property. Make your will. Sign your will in front of witnesses.
A will must be filed with the court regardless of whether the estate must go through probate. The court must prove the validity of the will and settle any disputes if someone contests the will.
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.
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.

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