How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Kentucky
Disclaimer: This article is for general informational purposes only and is not legal advice. Consult a licensed Kentucky attorney for guidance tailored to your situation.
Detailed Answer
1. Locate and Secure the Original Will
After a person dies, the personal representative or executor must find the decedent’s original will. Common storage locations include attorney offices, home safes, or safe deposit boxes. Under Kentucky law, any person holding the decedent’s will must deliver the original to the county clerk within ten (10) days of learning of the death. KRS 395.020
2. Obtain a Filed Copy from the County Clerk
If someone already filed the original will with the probate court, you can request a certified copy from the county clerk. Probate records are public under KRS 418.150. Complete the clerk’s records request form, pay the required fee, and the clerk will provide a certified copy suitable for court filings.
3. File the Will for Probate
To start probate administration, file the original will or its certified copy, a death certificate, and a probate petition with the district court in the county where the decedent resided. Kentucky requires a will to be offered for probate within five (5) years of death or risk being barred. KRS 395.090
Submit the following to the county clerk’s office:
- Original will or certified copy
- Death certificate
- Probate petition
- Filing fee (varies by county)
After filing, the court appoints a personal representative and schedules an initial hearing. At that hearing, the court reviews the will’s execution and witness attestation under KRS 395.030.
Helpful Hints
- Check typical storage spots: attorney offices, home safes, safety deposit boxes.
- Call the county clerk in the decedent’s last residence for records availability and fees.
- Clerks sometimes require appointments—plan ahead to avoid delays.
- If the original will is lost, you can petition the court to admit a copy with supporting proof.
- Observe key deadlines: probate must generally begin within five years of death.
- Consider consulting an estate attorney to ensure compliance and avoid mistakes.