Kentucky wills
How to make a will in Kentucky
What Kentucky law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Kentucky will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Allowed |
| Witnesses by live video | Allowed, with conditions |
| Online notarization for wills | Yes, within limits |
| File your will with the court while living | No |
| State estate or inheritance tax | Inheritance tax |
How to sign a will in Kentucky
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (KRS 394.225 (at execution or later, before an officer authorized to administer oaths); electronic wills: KRS 394.710)
- Store the original safely and tell your executor where it is.
Who can make a will
Anyone 18 or older and of sound mind. No one under 18 can make a will except under a specially granted power, but a parent under 18 may appoint a guardian for his or her child by will (KRS 394.020, 394.030).
Witness rules
Unless the will is wholly handwritten by the testator, the testator must sign (or acknowledge the signature) in the presence of at least 2 credible witnesses, who must sign in the presence of the testator AND in the presence of each other (KRS 394.040). No time limit is stated.
If a witness inherits: If the will cannot be proved without a witness who (or whose spouse) takes under it, that gift is void, but the witness keeps up to what he or she would inherit without the will (KRS 394.210(2)).
Handwritten wills
Wholly written by the testator and signed (subscribed) by the testator; no witnesses needed (KRS 394.040).
Self-proving affidavit
Kentucky lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (KRS 394.225 (at execution or later, before an officer authorized to administer oaths); electronic wills: KRS 394.710)
Can I sign my will online in Kentucky?
Yes, electronic wills are allowed. Only for electronic wills: 2 witnesses must each be a Kentucky resident and physically located in Kentucky when signing, and sign in the testator's physical or electronic presence within a reasonable time. A proxy signer must be in the testator's physical presence. Each electronic signature must be an electronic image of the person's handwritten signature. Paper wills still need witnesses physically present. (KRS 394.700-394.715 (Uniform Electronic Wills Act, 2026 Ky. Acts ch. 134, SB 50))
In effect since 2026-07-15 (applies to wills of decedents who die on or after that date).
Online notarization: Yes for electronic wills: if fewer than 2 witnesses are physically with the testator, the self-proving acknowledgment and affidavits must be made before a notary authorized under KRS 423.455 (KRS 394.710(2)(a)). Using it for a paper will's self-proving affidavit is not addressed. (KRS 423.455 (2019 Ky. Acts ch. 86, eff. 2020-01-01))
Online notary services such as Proof can host a signing session with a notary and, for a fee, witnesses (published prices start at about $25 per notarization plus $15 per witness). Before you sign, confirm the service supports will signings under Kentucky law, and keep the signed original as the law requires. How online will signing works.
Good to know in Kentucky
Kentucky repealed its law letting county clerks hold wills during the testator's life (KRS 394.110, repealed eff. 2019-06-27). Paper wills must be witnessed with everyone present together: both witnesses sign in front of the testator and of each other.
Estate and inheritance taxes
Kentucky has an inheritance tax on what some heirs receive; gifts to charity are generally exempt. The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Kentucky will questions
Does a will need to be notarized in Kentucky?
No. Two witnesses make a Kentucky will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Kentucky?
Wholly written by the testator and signed (subscribed) by the testator; no witnesses needed (KRS 394.040).
Can a beneficiary witness a will in Kentucky?
If the will cannot be proved without a witness who (or whose spouse) takes under it, that gift is void, but the witness keeps up to what he or she would inherit without the will (KRS 394.210(2)).
Can I make a will online in Kentucky?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Kentucky also allows electronic wills, and witnesses can take part by live video under conditions in state law.
Does Kentucky have an estate or inheritance tax?
Kentucky has an inheritance tax on what some heirs receive; gifts to charity are generally exempt. The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- KRS 394.020 Persons competent to make (official)
- KRS 394.030 Minor can make will, when
- KRS 394.040 Requisites of a valid will
- KRS 394.210 Attesting witness, effect of devise to
- KRS 394.225 Self-proved will
- KRS 394.706 Execution of electronic wills
- KRS 394.710 Attestation and self-proving upon execution
- KRS 394.110 (repealed 2019) Will may be deposited with clerk
- KRS Chapter 394 index
- KRS 423.455 Notarial act for remotely located individual
- 2026 Ky. Acts ch. 134 (SB 50) text
- SB 50 (2026) bill record
- 2019 HB 108 (repeal of KRS 394.110)
- Dinsmore: New Kentucky Legislation Modernizes Inheritance Laws
- NNA: KY Senate Bill 50
Last reviewed October 24, 2026 against Kentucky statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Kentucky attorney.
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