How to Make a Will in Kentucky (2026 Guide)

A will made in Kentucky must be signed by you and by 2 witnesses to be valid. Yes (Ky. Rev. Stat. § 394.225). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Kentucky will covers, generated from the same rules.

Make my free Kentucky will

Kentucky will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	Ky. Rev. Stat. § 394.040
Financial POA statute	Ky. Rev. Stat. ch. 457 (Kentucky Uniform Power of Attorney Act, 2018)
Healthcare directive statute	Ky. Rev. Stat. §§ 311.621 to 311.643 (Kentucky Living Will Directive Act; form at § 311.625)

Witnesses

Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's direction) and the signature must be made or acknowledged in the presence of at least two credible witnesses, who must subscribe the will with their names in the presence of the testator and of each other (Ky. Rev. Stat. § 394.040). Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by two other competent witnesses, although the interested witness may still take what he or she would have received by intestacy (Ky. Rev. Stat. § 394.210). Everyone must be together for the signing; sign in one sitting.

Do you need a notary in Kentucky?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Ky. Rev. Stat. § 394.225). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Kentucky

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's direction) and the signature must be made or acknowledged in the presence of at least two credible witnesses, who must subscribe the will with their names in the presence of the testator and of each other (Ky. Rev. Stat. § 394.040). Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by two other competent witnesses, although the interested witness may still take what he or she would have received by intestacy (Ky. Rev. Stat. § 394.210). Everyone must be together for the signing; sign in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Ky. Rev. Stat. § 394.225). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Kentucky has no general statute for lifetime deposit of a will with the district court.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may renounce the will within six months of probate and take dower or curtesy: one-half of the surplus personal property and a life estate in one-third of the real property (Ky. Rev. Stat. §§ 392.020, 392.080). The spouse also receives $30,000 of exempt personal property (Ky. Rev. Stat. § 391.030).

Homestead

No special restriction on devising a homestead by will; Kentucky's homestead exemption from creditors is in Ky. Rev. Stat. § 427.060, and the surviving spouse's dower or curtesy interest attaches to real property (Ky. Rev. Stat. § 392.020).

If you die without a will in Kentucky

Kentucky's intestacy rules are unusually unfavorable to spouses. If you die without a will, your spouse receives dower or curtesy — one-half of the surplus personal property and one-half of the real property you owned at death in fee (plus a life estate in one-third of real property you owned during the marriage but not at death) — and the rest passes to your children, then parents, then siblings (Ky. Rev. Stat. §§ 391.010, 392.020). Your spouse takes everything only if you leave no children, parents, siblings or their descendants (Ky. Rev. Stat. § 391.030(4)). The $30,000 exempt property allowance applies first. More on intestacy.

Other estate-planning documents in Kentucky

• Durable financial power of attorney: Ky. Rev. Stat. ch. 457 (Kentucky Uniform Power of Attorney Act, 2018). The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction) and the signature must be acknowledged before a notary public (Ky. Rev. Stat. § 457.050). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the county clerk before using it for real estate.
• Advance healthcare directive: Ky. Rev. Stat. §§ 311.621 to 311.643 (Kentucky Living Will Directive Act; form at § 311.625). A living will directive (which may also designate a health care surrogate) must be signed by the grantor and either signed by two adult witnesses in the grantor's presence or acknowledged before a notary public (Ky. Rev. Stat. § 311.625(2)). A witness may not be related to the grantor by blood or marriage, entitled to any part of the estate, the attending physician or an employee of the health facility, financially responsible for the grantor's care, or the designated surrogate (Ky. Rev. Stat. § 311.625(3)). The statute directs that the directive be in substantially the statutory form.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Kentucky notes

• Kentucky intestacy gives a surviving spouse only dower or curtesy, not the whole estate, if there are children, parents or siblings (Ky. Rev. Stat. §§ 391.010, 392.020). A will is the only way to leave everything to a spouse.
• Kentucky is not a community property state, but married couples may opt in by creating a Kentucky community property trust (Ky. Rev. Stat. § 386.620 et seq.); only your half of such property passes under your will.
• Kentucky recognizes holographic wills wholly in the testator's handwriting and signed (Ky. Rev. Stat. § 394.040); a typed, witnessed will is far easier to prove.
• Kentucky does not recognize a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in Kentucky?

Kentucky requires 2 witnesses (Ky. Rev. Stat. § 394.040). Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's direction) and the signature must be made or acknowledged in the presence of at least two credible witnesses, who must subscribe the will with their names in the presence of the testator and of each other (Ky. Rev. Stat. § 394.040). Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by two other competent witnesses, although the interested witness may still take what he or she would have received by intestacy (Ky. Rev. Stat. § 394.210). Everyone must be together for the signing; sign in one sitting.

Does a will need to be notarized in Kentucky?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Kentucky have a self-proving affidavit?

Yes (Ky. Rev. Stat. § 394.225). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Kentucky?

Yes, Kentucky recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Kentucky?

A surviving spouse cannot be completely disinherited. The spouse may renounce the will within six months of probate and take dower or curtesy: one-half of the surplus personal property and a life estate in one-third of the real property (Ky. Rev. Stat. §§ 392.020, 392.080). The spouse also receives $30,000 of exempt personal property (Ky. Rev. Stat. § 391.030).

What happens if I die without a will in Kentucky?

Kentucky's intestacy rules are unusually unfavorable to spouses. If you die without a will, your spouse receives dower or curtesy — one-half of the surplus personal property and one-half of the real property you owned at death in fee (plus a life estate in one-third of real property you owned during the marriage but not at death) — and the rest passes to your children, then parents, then siblings (Ky. Rev. Stat. §§ 391.010, 392.020). Your spouse takes everything only if you leave no children, parents, siblings or their descendants (Ky. Rev. Stat. § 391.030(4)). The $30,000 exempt property allowance applies first.

Is a no-contest clause enforceable in Kentucky?

Kentucky has no statute on no-contest clauses. Kentucky courts have enforced them but construe them strictly against forfeiture. Treat a good-faith contest with probable cause as uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.