How to Locate and Verify Original Wills and Codicils Before Probate in Kentucky
Detailed Answer
Before opening probate in Kentucky, you must locate and verify the authenticity of the decedent’s original will and any codicils. Under Kentucky law, a valid will must be in writing, signed by the testator, and witnessed by two competent witnesses (KRS 394.040). If you cannot find the original document, you may still probate if you can prove its contents and that it was last known to be in the decedent’s possession when alive (KRS 394.160).
1. Search Common Storage Locations
Begin by checking the decedent’s home—desk drawers, filing cabinets, safe, or personal lockbox. Many individuals keep wills in banker’s safe deposit boxes. Under Kentucky’s safe deposit statutes (KRS 427.010–427.390), a bank must allow an executor or court representative to inventory the box after providing a death certificate.
2. Contact Professionals
Reach out to the decedent’s attorney, accountant, or financial advisor. Attorneys often retain original wills or codicils in their trust accounts. Ask the probate court clerk if prior filings list an attorney of record.
3. Verify Document Authenticity
Once you find a candidate document, confirm it meets statutory requirements:
- Signed and dated by the testator in the presence of two witnesses (KRS 394.040).
- If self-proving, it should include a notarial certificate with witness affidavits (KRS 394.110).
- Any codicils must reference the original will and comply with the same signing and witnessing rules.
4. Probating a Lost or Destroyed Will
If the original is lost or destroyed, file a petition under KRS 394.160. You must prove by at least two credible witnesses the contents of the will and that it was not revoked. The court may then admit a copy and testimony concerning the will’s provisions.
Helpful Hints
- Keep a written inventory of all known safe deposit boxes and document storage locations.
- Store a self-proving affidavit with the will to speed up probate.
- Notify the executor of the will’s location in writing.
- Obtain multiple certified copies of the death certificate early.
- If you suspect a will is hidden, request a court order to access sealed containers.
- Review digital records—some attorneys scan and store wills electronically.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney in Kentucky.