Court Safekeeping of Original Wills in Kentucky
At a glance
| Statutory safekeeping route | Former county-clerk lifetime safekeeping statute repealed in 2019; cited current rules concern probate (§§ 394.110, .160, .300). |
|---|---|
| Who may deposit | Former lifetime-deposit statute repealed; probate applicant offers will and holder may be compelled to produce it (§§ 394.110, .145, .160). |
| Proper court or clerk | District Court may compel production; county clerk records a will admitted to probate (§§ 394.160, .300(1)(a)). |
| Envelope and filing record | County clerk records admitted will; former deposit statute repealed (§§ 394.110, .300(1)(a)). |
| Fee and receipt | No safekeeping fee or receipt under repealed § 394.110; cited probate provisions do not set one. |
| Custody before death | Former county-clerk safekeeping section repealed in 2019 (§ 394.110). |
| Retrieval before death | Former county-clerk safekeeping section repealed in 2019 (§ 394.110). |
| Notice after death | Cited probate route uses a verified application giving residence at death and required family details (§ 394.145). |
| Opening and release after death | Admitted will recorded by county clerk; pre-2027 recorded wills held at least 10 years; 2027 cohort has later two-year return rule (§ 394.300(1)). |
Current court custody procedure
The official KRS § 394.110 page says “Repealed, 2019” and identifies its former subject as will deposit with a clerk for safekeeping. The cited current rules concern probate. A person offering a will must file the verified application described in § 394.145; a District Court informed that someone holds the will may summon that person and compel its production under § 394.160.
After a will is admitted to probate, § 394.300(1)(a) requires the county clerk to record it and normally keep it. For wills recorded after January 1, 1978, and before January 1, 2027, § 394.300(1)(c) permits return or destruction no earlier than ten years after recording. The 2026 amendment establishes a different cohort beginning January 1, 2027: the clerk must return the original to the person designated in the probate order no earlier than two years after recording (§ 394.300(1)(b)).
What trips people up
Older guides can still describe the repealed § 394.110 lifetime safekeeping process. The current § 394.300 retention period starts when the county clerk records a will admitted to probate; it is not a lifetime deposit period. Under § 394.300(1)(d), notice of an adversarial proceeding prevents a return until the proceeding is final and nonappealable or a court authorizes return.
Common questions
Can a court require someone to bring in a will? Yes. Section 394.160 lets a District Court summon a holder and compel production through proper process.
What must the person offering a will file? Section 394.145 requires a verified application giving the testator's residence at death, facts supporting jurisdiction, and specified family information.
Statutes and sources
- Ky. Rev. Stat. §§ 394.110, .145, .160 and .300(1): current official text, quoted with source URLs and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
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