Self-Proving Affidavit for Wills Requirements in Kentucky

At a glance

Requirements one by one

Availability and governing law

KRS 394.225 gives paper wills a one-step signing route and a later affidavit route. KRS 394.710 adds a separate self-proof procedure for electronic wills. Under § 394.715, the electronic-will act applies to a will of a decedent who dies on or after July 15, 2026.

Who signs or swears

For both paper routes, the testator acknowledges and signs, and both subscribing witnesses sign sworn affidavits. The electronic route uses the same testator-and- witness structure.

The statutes supply no attorney-certification substitute and no person who can complete the testator's part after death.

When it may be made

A paper will may be simultaneously executed, attested, and self-proved. An already-attested paper will may be made self-proved "at any time subsequent" to execution, but the later form still requires the testator and witnesses.

KRS 394.710 authorizes only simultaneous execution, attestation, and self-proof for an electronic will. It provides no later electronic affidavit route.

Officer, oath and seal

Paper self-proof uses an officer authorized to administer oaths under Kentucky law, evidenced by the officer's certificate. KRS 394.225 does not add an express official-seal requirement.

Electronic self-proof uses an execution-state notary. If fewer than two witnesses are physically with the testator, it uses Kentucky's online-notary framework. The notary must be physically in Kentucky, and the electronic certificate must carry an official seal affixed or logically associated with the will.

Required recitals and form

The paper forms require substantial compliance. They cover the instrument's identity as the will, willing signature or direction, free voluntary act, witness signing in the testator's presence and hearing and each other's presence, age of at least 18, sound mind, and freedom from constraint or undue influence.

The electronic acknowledgment and affidavits must use a form substantially similar to the paper forms in KRS 394.225(1) and (2).

Attachment to the will

The later paper officer certificate must be attached or annexed to the will. For an electronic will, the sealed certificate is affixed or logically associated. A physical or electronic affidavit signature counts as an electronic-will signature, and a certified paper copy of a self-proved electronic will must include the affidavits.

Electronic, remote and out-of-state rules

Electronic-will self-proof supports the electronic-presence execution system. When fewer than two witnesses share the testator's location, the online notary must be physically in Kentucky; the signer may be elsewhere in the United States, with additional conditions outside the country.

KRS 394.704 recognizes some electronic wills executed under another jurisdiction's law. It addresses electronic-will validity, not automatic recognition of foreign self-proved status. The paper self-proof section states no blanket foreign-self-proof rule.

Probate effect and exceptions

KRS 394.225(4) permits a self-proved will to enter probate without testimony from any subscribing witness. It then says the will is otherwise treated no differently from a will that is not self-proved.

The section states no special fraud-or-forgery exception and no immunity from a contest. Self-proof changes witness proof, not the will's substantive treatment.

If there is no affidavit

Under KRS 394.210(3), one subscribing witness may prove a witnessed paper will regardless of the other witnesses' availability or competency, provided the testator acknowledged or subscribed the will in the presence of two witnesses at the same time.

What trips people up

Paper and electronic self-proof have different timing

A paper affidavit may be added later. Electronic self-proof is execution-time only; KRS 394.710 does not import the later paper route into the electronic-will system.

The seal rule differs by format

KRS 394.225 requires a paper officer's certificate but does not itself say "official seal." KRS 394.710 expressly requires the electronic notary's certificate under official seal.

Common questions

Can a Kentucky paper will be made self-proving years later?

Yes. KRS 394.225(2) says "at any time subsequent" to execution, provided the testator and witnesses complete the statutory form before the proper officer.

Can an electronic will be made self-proving later?

No later route is stated. KRS 394.710 authorizes simultaneous execution, attestation, and self-proof.

What does self-proof change in probate?

It removes the need for subscribing-witness testimony. The statute expressly says the will is otherwise treated no differently from a will that is not self-proved.

Can one witness prove a paper will without the affidavit?

Yes, when the testator acknowledged or subscribed it in the simultaneous presence of two witnesses. KRS 394.210(3) allows one subscribing witness to prove it regardless of the others' availability or competency.

Statutes and sources

• KRS 394.225 — paper self-proof forms, later timing, historical execution rule, and probate effect: official LRC PDF (accessed 2026-08-01)
• KRS 394.704, 394.710, 394.712, and 394.715 — foreign electronic wills, electronic self-proof, logical association, certified copies, and application date: official § 394.704, official § 394.710, official § 394.712, and official § 394.715 (accessed 2026-08-01)
• KRS 423.355 — online-notary location and communication-technology rules: official LRC PDF (accessed 2026-08-01)
• KRS 394.210(3) — one-subscribing-witness alternate proof: official LRC PDF (accessed 2026-08-01)