What the rule says
Kentucky provides two pathways to a valid will under Ky. Rev. Stat. § 394.040:
Attested wills (§ 394.040(1))
A valid Kentucky attested will requires:
1. A writing. 2. The testator's signature. 3. Two competent witnesses. Two witnesses must sign the will in the testator's presence.
Holographic wills (§ 394.040(2))
A Kentucky holographic will is valid if:
1. Wholly in the testator's handwriting. 2. Signed by the testator.
Kentucky's holographic will requirements are similar to North Carolina and Tennessee — the entire substantive document must be handwritten and signed.
Self-proving affidavits
Under Ky. Rev. Stat. § 394.225, a will accompanied by a self-proving affidavit can be admitted to probate without requiring witness testimony.
What you can do about it
For a Kentucky attested will:
- Have the testator and at least two witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses.
For a Kentucky holographic will:
- Write the entire substantive document in the testator's handwriting. - Sign the document. - Express testamentary intent.
Who this affects most
Kentucky's two-pathway framework provides flexibility through both attested and holographic options.