Understanding Probate of Unwitnessed and Unnotarized Wills in Kentucky
Detailed Answer
Under Kentucky law, a valid will must meet certain signature and witnessing requirements. Kentucky Revised Statutes (KRS) 394.010 requires a will to be in writing, signed by the testator, and witnessed by two competent individuals. Notarization is optional and serves mainly to create a self-proved will that streamlines probate (KRS 394.010; KRS 394.030).
1. Holographic Wills: An Exception to Witnessing
Kentucky recognizes holographic wills—documents entirely handwritten and signed by the testator. These wills require no witnesses or notarization. KRS 394.010(3) defines a holographic will and allows courts to probate it if the testator’s handwriting is proven authentic (KRS 394.010).
2. Probating a Holographic Will
- Locate the Original Will
Ensure you have the document entirely in the decedent’s handwriting and signed. - File a Petition for Probate
Submit a petition with the probate division of the Circuit Court in the county where the decedent resided. Reference KRS 394.130 (KRS 394.130). - Provide Proof of Handwriting
Present testimony or affidavit from someone familiar with the decedent’s handwriting. - Notify Interested Parties
Serve notice to heirs and beneficiaries as required by KRS 394.130. - Attend the Probate Hearing
The court will review evidence and may admit the holographic will to probate. - Obtain Letters Testamentary
Once admitted, the personal representative receives letters testamentary to distribute assets.
3. If the Document Fails as a Will
If the court rejects the document as a holographic will, Kentucky treats the estate as intestate. Assets then distribute under KRS Chapter 391 (KRS Chapter 391).
Disclaimer
This information is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance on probating a will in Kentucky.
Helpful Hints
- Verify the entire will is in the decedent’s handwriting and signed.
- Gather affidavits or witness statements on handwriting authenticity.
- Check for any hand-written dates or revisions within the holographic will.
- Consult an estate attorney before filing to ensure compliance with local court rules.
- Explore small estate procedures (KRS 395.010) if the estate value is below the threshold (KRS 395.010).