Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies in Kentucky, you may need to confirm whether they left a valid will or other estate planning documents. Under Kentucky law, a will must be in writing, signed by the testator, and witnessed by at least two individuals to be valid (KRS Chapter 394). If the will includes a self-proving affidavit signed by the testator and witnesses, you can admit it to probate without live testimony (KRS 394.250).
Key Steps to Verify a Will or Other Documents
- Search Personal Records: Examine the decedent’s home for safe deposit box keys, file cabinets, labeled envelopes, or binder folders marked “Will,” “Trust,” or “Power of Attorney.”
- Contact the Decedent’s Attorney: Many attorneys store original wills or maintain digital copies. Ask whether they hold any estate planning documents for the decedent.
- Check Safe Deposit Boxes: Review bank statements or mail for safe deposit box fees. Under KRS Chapter 381, you can obtain a court order and a certified death certificate to access the box if it’s jointly rented or if you’re an executor designee.
- Inquire at the County Clerk’s Office: Kentucky does not maintain a statewide will registry, but some county clerks allow voluntary deposition of wills. Contact the clerk in the county where the decedent last resided to learn about filing or locating deposited documents.
- Search Digital Records: Check the decedent’s email, cloud storage, or estate planning portals. Many attorneys provide clients electronic access to their estate planning documents.
- Ask Family and Friends: Spouses, adult children, close friends, or financial advisors may know where the decedent stored original documents or which attorney drafted them.
Filing for Probate
Once you locate the original will, file it with the Circuit Court Clerk in the county of the decedent’s last residence. Kentucky law encourages prompt filing to initiate probate proceedings (KRS Chapter 395). If no valid will appears, assets pass under Kentucky’s intestacy rules.
Helpful Hints
- Keep originals in a secure but accessible place and share the location with a trusted person.
- Obtain multiple certified copies of the death certificate early in the process.
- If you find a self-proving affidavit with the will, presenting it expedites probate.
- Use a checklist to verify you’ve searched all likely locations: home office, safe deposit, digital vaults.
- Consider consulting a probate attorney if the estate involves real estate, business interests, or family disputes.