When an individual passes away without a will, they are said to have died intestate. Intestacy laws in each state govern the distribution of assets when an individual passes away without a will. This legal process can be protracted and intricate, hence the need to create a will.

Online will writing is especially favorable for those who possess an uncomplicated estate with a clear-cut will. Where you seek to utilize an online will creation service that offers a Kentucky-specific template and aims to ensure strict adherence to the state’s legal prerequisites to guarantee the validity of your will, contact LegalPen.

How much does it cost to write a will in Kentucky?

Wills drafted by attorneys in Kentucky typically cost between $300 and $1,000. In contrast, Do-it-yourself (DIY) kits usually cost around $10, while online wills may cost $2900 on average. The cheapest method of drafting a will is undertaking to draft one yourself.

Can I write a will without a lawyer in Kentucky?

Yes, you can write a will without a lawyer in Kentucky. Indeed, if you possess a more significant or intricate estate, getting guidance from a legal professional is advisable.

Is it legal to write your own will in Kentucky?

Yes, it is legal to write your own last will and testament in Kentucky. However, to avoid making an invalid will, you should seek professional assistance from a lawyer, especially if you have an intricate estate.

Does a will in Kentucky need to be notarized?

No, a will in Kentucky does not need to be notarized. Nevertheless, Kentucky permits wills to be “self-proved.” The will is not notarized; a distinct document is notarized and appended. A “self-proved” will can be accepted for probate without witness testimony in court since the court can automatically authenticate the will.

Do I need a lawyer to make a will in Kentucky?

No, you do not need a lawyer to make a will in Kentucky, but it is recommended that you consult one for more extensive and complex estates to ensure compliance with Kentucky will laws.

Do I need a lawyer to file a will in Kentucky?

No, you do not need a lawyer to file a will in Kentucky.

Are online wills legal in Kentucky?

Yes, online wills are valid in Kentucky. Wills that satisfy the legal criteria set by the federal government and the state of Kentucky are considered legitimate, regardless of whether they are created using internet platforms.

How to include digital assets in a Kentucky will

To include digital assets in a Kentucky will, begin by inventorying your digital assets, selecting your intended beneficiaries and a digital executor, and drafting your will. You can add your digital assets through a codicil with a will in place. Lastly, keep the login credentials for your digital assets in a safe place, but additionally, make sure that someone you’ve chosen to act as your digital executor understands how to access your information when you pass away.

How to disinherit someone in a Kentucky will

To disinherit someone in a Kentucky will, you should name that specific person as one you do not want to inherit your possessions in a will, thereby eliminating the assumption of them being unintentionally left out of the will.

There is no obligation for you to bequeath anything to your children. Nevertheless, if a child is born or adopted after the creation of your will and is omitted, the court may deem them a pretermitted child. A pretermitted child is entitled to an inheritance from your estate equivalent to what they would get if you were to pass away without a will. Unless the omission is deliberate, there is the presence of another child when the testator made their will, or there is the provision of assets to the pretermitted child by means other than the will, then this rule applies. To disinherit a child, it is more effective to explicitly declare in your will your intention to exclude them from inheriting any assets or property.

Additionally, you are not obligated to include any provisions for your spouse in your will. Alternatively, the Kentucky right of election, commonly known as the dower and curtesy law, will be enforced if you fail to do so. In this election, your spouse can select one-third of the real estate and one-half of the remaining estate.

How to handle debts and liabilities in Kentucky will

The executor is charged with handling debts and liabilities in a will. When deciding whether to pay creditors or dispute the validity of a claim, the executor must follow Kentucky law. The executor should sort out the debtors according to their level of priority.

The personal representative is responsible for drafting and filing a final settlement with the District Court using form AOC-846 after the debts and any income and death taxes owing by the estate have been paid and after any leftover assets have been distributed to the heirs.

How to provide for minor children in Kentucky will

Minor children can be provided for in wills in Kentucky through:

1. Guardianship

Under Kentucky law, a minor’s care, custody, and control can be granted to an appointed guardian in a will. Nevertheless, the District Courts in Kentucky have the final say regarding appointing or removing guardians. After considering the nominee in the will, the District Court selects the individual or organization that would best serve the minor’s interests.

The court will additionally consider the desires of the child who is 14 years old or older. A 14-year-old can appear in District Court or before a judge to select their guardian. The child’s power to choose a guardian supersedes any prior appointment made by a will or any other means before the minor reaches the age of 14. Therefore, if you anticipate that your kid, aged 14 to 18, may select a guardian whom you do not endorse, it is essential to explicitly mention your choice for the desired guardian in your will. Additionally, explain why you believe this individual is superior to other potential possibilities.

2. A Trust

Kentucky law prohibits minors from directly receiving an inheritance. Their inheritance must be allocated to a trust or a custodial account, followed by establishing guardianship or conservatorship for the child.

How to store your Kentucky Will safely

The primary consideration for storing your Kentucky last will and testament should be the location’s security, accessibility, and ease of discovery by your loved ones. Some suggestions include an attorney’s office, probate court, a house safe, or a safety deposit box. Ensure your executor and close relatives know where the storage is and can access it since failure to find the will shall lead to intestate succession.

How to contest a will in Kentucky

A will contest is initiated through a lawsuit commenced in the Circuit Court within a maximum of two (2) years following the probate of a will. Will contest trials do not occur at the District Court, where the will is accepted for probate. Usually, the individual submitting the petition will additionally request a court order preventing the personal representative assigned to the estate from distributing assets until the legal process to challenge the will’s validity is finished.

The only individuals who have the authority to contest a will are those specifically mentioned in the will, potential beneficiaries who did not receive any portion of the deceased person’s assets, and anybody who is not mentioned in the will but has a legitimate claim to inherit property as if the will did not exist.

What are no-contest clauses in Kentucky wills?

No-contest clauses in Kentucky wills nullify an individual’s entitlement to inheritance if they challenge the validity of a will in probate court. Courts in some states typically decline to enforce no-contest clauses, while others will uphold no-contest agreements. Where a contest is initiated with reasonable grounds or genuine belief, a court may choose not to enforce a no-contest clause. In Kentucky, however, the courts often uphold no-contest agreements without considering probable cause or good faith.

What is the difference between probate in Kentucky and Oregon?

The difference between probate in Kentucky and Oregon is in their small estate proceedings. In Oregon, you can utilize a small estate proceeding if the estate comprises personal possessions valued at no more than $75,000 and real properties valued at no more than $200,000. In contrast, small estate administration in Kentucky covers estates valued at less than $30,000. For assistance in will writing in Oregon, contact LegalPen; we provide the best will writing service in Oregon.

How to handle foreign property in Kentucky will

Foreign property in a Kentucky will is handled through ancillary probate as with out-of-state property. One needs to be conversant with the inheritance laws of the foreign jurisdiction where the property is held since some of those laws may conflict with their disposition interests.

How to Make a Will for same-sex couples in Kentucky

When debating how to make a will in Kentucky for same-sex couples, one needs to ensure that the testator’s objectives and desires are unambiguous and safeguarded, that their marital status is current, and that their property is transferred to their designated beneficiaries without any hindrance. This is because despite the Supreme Court of the United States ruling in 2015 that states must acknowledge same-sex marriage, the complex legal landscape, characterized by a variety of legislation before 2015, together with the higher probability of familial alienation, necessitates careful deliberation when it comes to estate planning for same-sex couples. Contact us today to learn how to write a will in Kentucky.

How to plan for pet care in your Kentucky will

Planning for pet care in your Kentucky will involves establishing a pet trust to guarantee that your pet receives proper care in the event of your passing, as the legal system does not currently allow for bequeathing financial assets to pets through a will. Begin by designating your pet as a beneficiary, and then designate someone to assume the role of the accountable caregiver and secure the necessary financial resources. The financing might be a single, one-time transfer or a continuous withdrawal. Additionally, it would help if you chose an individual to oversee the trust, ensuring that the distributions are consistently made to the caretaker per the trust’s instructions and verifying that the assets are being utilized correctly by the caretaker. 

How to handle business succession in Kentucky will

Business succession in Kentucky will is handled by ensuring that your business structure aligns with your succession plan. Some of the business structures include a sole proprietorship and a limited liability company (LLC). It is additionally essential to consider the transfer of your ownership shares, management of the business, and preservation and retention of business property.

Sustaining business operations following the death or incapacitation of an entrepreneur is a significant obstacle for any business. In the absence of a succession plan, internal conflict among potential successors may lead to the disintegration of the business, legal action may ensue, and the business may face bankruptcy, especially for family-owned businesses.

How to handle out-of-state property in Kentucky will

Out-of-state property in a Kentucky will is handled through ancillary probate. Ancillary probate refers to transferring assets through the probate process in a different jurisdiction. The primary issue related to ancillary probate is the financial expense and the additional time spent on probate. People who own property in numerous states might consider establishing a trust or transferring ownership to someone else to avoid the potential need for ancillary probate.

What is the difference between holographic wills and statutory wills in Kentucky?

The difference between holographic and statutory wills in Kentucky is that a holographic will is authored and endorsed without any witnesses present. For it to be legally acknowledged in Kentucky, it should be completely handwritten by the testator.