Make a Kentucky Last Will and Testament

Kentucky State Last Will and Testament Laws

Definition of Will -  §394.010

Laws - Chapter 394 of the Kentucky Revised Statutes

Witnesses - According to §394.040, the will must be signed by two (2) witnesses who are both in the presence of the Testator when they sign.

A Sample Kentucky Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you do not identify as single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or disabled in some manner, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian in the event that you die, provide the following information below (as well as information for your alternate guardian and conservative’s information).

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone Number

Remember that the State of Kentucky requires you as well as two witnesses to sign the will in order to properly execute the document. Once it is executed, you should store the document someplace safe yet accessible, such as with a trusted family member or with your attorney.

Why do you need a Kentucky last will and testament form?

In Kentucky, having a last will and testament provides a legal means to care for family members and loved ones, distribute property, and determine guardianship of any dependents upon your death. You can name an executor and any beneficiaries in a valid will. Creating a last will and testament is an important step in estate planning. According to Kentucky law, you can also make charitable donations in your will.

The benefits of having a will

A last will and testament in Kentucky is not legally required. However, without one the probate court will determine the distribution of your estate based on state law.

• A will allows you to name an executor who can distribute your assets according to your wishes.
• A Kentucky will also allow for you to determine guardianship of any descendants who are minors.

The costs of not having a will

Without a will in place, in the State of Kentucky’s intestacy laws will be enacted upon your death. This means that the court will determine the distribution of your assets. In general, a surviving spouse will inherit half of the estate with the rest being split among any descendants, parents, or siblings of the deceased. If there are no descendants, parents, or siblings, a surviving spouse may inherit the entirety of the estate. If there is no one located to inherit the estate, the state becomes the beneficiary of the deceased.