It’s never too early to start thinking about your last will and testament, especially if you own valuable assets or have specific requests you want carried out after your death. It’s especially critical if you’re a parent or guardian of minor children. Fortunately, finalizing your final wishes can be fairly simple.
Key Kentucky Will Requirements to Know
Kentucky law states that a will is only valid if the testator — that is, the person who created a will — is at least 18 years old and legally considered of sound mind. Such a will needs to be in writing, and signed in the presence of two witnesses. If you’re physically unable to write or sign your own will, it’s best to consult an estate lawyer who can advise on an alternative option.
How to Write Your Own Last Will and Testament in Kentucky
While every estate is different, you can use these steps as a guideline for creating your own will.
1. Review Your Assets and Debts
Start by getting a holistic view of your financial situation. List any outstanding debts so you know how much money you have to allocate. Then, note your current balances in any relevant bank accounts or investment portfolios and how much you anticipate leaving behind. This is also a good time to confirm that you are listed as the sole owner on any deeds — you can’t make any arrangements for assets you have legal joint ownership of, such as a shared house.
2. Decide What to Include
List all assets that you want to leave to a beneficiary, such as the following:
- Any houses, commercial real estate, rental properties, vacation homes, or other properties you own
- Vehicles in your name
- Money and bank accounts
- Investment accounts
- Heirlooms, such as antiques, furniture, artwork, or jewelry
- Any websites that you own, as well as email accounts or other digital assets
- Pets, livestock, or farm animals
3. Choose Your Beneficiaries
Designate a beneficiary for each asset listed in your will and how you want your estate distributed. If you want to bequeath certain items to a specific beneficiary, be sure to include the name of that person and the item, as well as when they should receive it. This includes specific sums of money.
It helps to list instructions for secondary beneficiaries in case the first person you designate passes away.
4. Specify a Legal Guardian for Children
If you have children under 18 or a child with a disability who is under your care, it’s critical to name a guardian who can take care of them if their other parent becomes unable or unwilling to assume sole guardianship. Detail any requests you have about how the guardian should care for your child, including who has control of their share of your estate until they are older.
If you want part of your estate or assets to be used to provide for your children when you’re gone, be sure to list those instructions and any specific amounts of money involved.
5. Designate an Executor
It’s important to determine who will be responsible for winding up your affairs during the probate process. It’s a good idea to discuss this responsibility with your potential executor before naming them in the will — make sure they fully understand the task and are willing to participate.
Once you’ve chosen your executor, include their name and other information in your will. Consider establishing a secondary executor in case your first choice changes their mind or becomes unable to fulfill the role.
6. Finalize the Document
Wills do not need to be notarized to be considered legally sound in Kentucky, but they do need the testator’s physical signature. If you want to simplify the probate process for your executor and beneficiaries, you may want to make a “self-proving” will. These wills must be signed by you and two witnesses in front of a notary public. You and your witnesses will be required to sign an affidavit, and you may need to include specific language within the will itself to finalize the document.
Once your will is signed and complete, be sure to store it in a safe, easy-to-locate place, like a safety deposit box. Do not hide it. Your estate lawyer or local probate court may be able to store your will, depending on your county or the law office. The best way to ensure your requests are fulfilled is to let your executor — and alternative executor, if applicable — know where to find it when the time comes.
Kentucky Laws on Wills FAQ
If you plan to write your own will, you likely still have questions. These are some of the most common.
Can You Change Your Will After It’s Finalized?
Yes. Kentucky law permits you to alter, revoke, or replace your will at any time as long as you follow the same steps described above. If the change is small enough, you might be able to file a codicil, or amendment, to your existing one. An estate lawyer can offer guidance if you’re not sure.
Consider making a new will if you acquire new, high-value assets, have more children, get a divorce from your spouse, or marry someone new.
What Happens if You Don’t Leave a Will?
Dying without a will in Kentucky is considered “intestate,” meaning the state decides who receives what shares and how your estate is ultimately distributed. You will also have no named executor and no one to oversee your requests.
Finalizing a will before you think you’ll need it ensures your assets will reach the right beneficiaries and your final wishes will be honored.
What Is the Difference Between a Living Will and a Last Will and Testament?
A last will and testament is a document, signed by you and two witnesses, that designates how your estate is distributed and who is a beneficiary of your assets. It also lists an executor who acts on your behalf.
A living will is a different type of legal document that provides instructions related to your physical health if you are not able to make the decisions yourself. This might include whether you want to donate your organs and if you authorize the use of a feeding tube if required. It may also detail advanced directives for different scenarios, such as being in a coma, having late-stage dementia, or being otherwise incapacitated with little chance of recovery.
Are Trusts and Wills the Same Thing?
No, but they can be used to accomplish similar goals. You can create a trust instead of, or in addition to, a will. The trust often provides immense value to the family when it comes to saving time and money, as a Revocable Living Trust is designed to avoid probate.
Who Do You Contact for Help Writing Your Will or Trust?
An estate lawyer can help you decide which arrangement is best for your situation. Legal guidance is highly advisable, especially if you:
- Have a complex estate.
- Own a business.
- Have high-value assets.
- Are worried about disputes or other possible problems.
- Want to establish conditional gifts, such as money that will only be released to a beneficiary under certain circumstances.
- Wish to designate a secondary set of instructions for an asset after the original beneficiary has passed away.
- Have very specific or complicated final wishes.
Crow Estate Planning & Probate Is Here to Help
Your estate represents far more than a numerical value — it’s the legacy you leave behind after a lifetime of hard work and dedication. The attorneys at Crow Estate Planning & Probate can help you protect that legacy with our comprehensive will creation services. We’ll work with you to complete each step of the process so nothing is overlooked and your final wishes are fulfilled.
Reach out to our team today to get started or to learn more about our estate planning options.
About the Author
Jonathon Garnett is an attorney at Crow Estate Planning and Probate, PLC. After serving as the firm’s summer clerk during his collegiate career, he joined our team of attorneys to lead our Hopkinsville office, assisting clients in the areas of estate planning, probate, conservatorships, and guardianships. He graduated with a Bachelor of Science in Economics from Western Kentucky University, then later earned his Juris Doctorate from the J. David Rosenberg College of Law at the University of Kentucky. Born and raised in Hopkinsville, he’s proud to serve the community his family has called home for many generations. Learn More.
Licensed in Kentucky