SIMPLE LAST WILL AND TESTAMENT

of [TESTATOR FULL LEGAL NAME]

[// GUIDANCE: This “Simple Will” template is drafted to comply with current Kentucky probate law, including KRS § 394.040 (execution requirements) and KRS § 394.225 (self-proving affidavit). Replace all bracketed, bold‐capitalized placeholders before use and review local court rules for any county-specific nuances.]

TABLE OF CONTENTS

1. Definitions
2. Revocation of Prior Wills and Codicils
3. Family Identification
4. Appointment of Personal Representative (Executor)
5. Disposition of Tangible Personal Property
6. Specific Devises and Bequests
7. Residuary Clause
8. Guardian Nomination for Minor Children
9. Fiduciary Powers and Administrative Provisions
10. Executor Indemnification; Liability Cap
11. Governing Law, Forum Selection & Will-Contest Remedies
12. Miscellaneous Provisions
13. Execution & Attestation (Conforming to KRS § 394.040)
14. Self-Proving Affidavit (KRS § 394.225)

1. DEFINITIONS

For purposes of this Will, the following capitalized terms have the meanings set forth below. Undefined capitalized terms carry their ordinary legal meaning under Kentucky law.

“Beneficiary” means any person or entity entitled to receive property under this Will.
“Child” or “Children” includes any legally adopted child of mine and excludes stepchildren unless expressly named.
“Estate” means the probate assets subject to administration under this Will.
“Executor” means the Personal Representative appointed in Article 4 (including any Successor Executor).
“Personal Property Memorandum” means any separate, signed writing that disposes of tangible personal property pursuant to KRS § 394.040(3).
“Residuary Estate” means all property not otherwise effectively disposed of under Articles 5 or 6.

2. REVOCATION OF PRIOR WILLS AND CODICILS

I hereby revoke all prior wills, codicils, and testamentary dispositions previously made by me.

3. FAMILY IDENTIFICATION

I am currently [MARITAL STATUS: “unmarried” / “married to [SPOUSE NAME]”].
My children are:
1. [CHILD NAME], born [DOB];
2. [ADDITIONAL CHILDREN];

If I have a child born or adopted after the date of this Will, that child shall share equally in any class gift to “Children.”

4. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)

4.1 Primary Executor. I appoint [PRIMARY EXECUTOR NAME] of [COUNTY, STATE] as Executor of my Estate.

4.2 Successor Executor. If the Primary Executor is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] as Successor Executor.

4.3 Bond. No Executor shall be required to post bond unless a Kentucky court orders otherwise for good cause.

5. DISPOSITION OF TANGIBLE PERSONAL PROPERTY

5.1 Personal Property Memorandum. I may leave a signed, dated Personal Property Memorandum. The Executor shall distribute items listed therein; if no memorandum exists, or regarding unlisted items, the Executor shall distribute such property in equal shares among my surviving Children or, if none, to the Residuary Beneficiaries.

6. SPECIFIC DEVISES AND BEQUESTS

[// GUIDANCE: Add as many specific gifts as desired; use clear descriptions.]

6.1 I give [DESCRIPTION OF ASSET] to [BENEFICIARY NAME].
6.2 I give [CASH AMOUNT] Dollars ($[AMOUNT]) to [BENEFICIARY NAME].

Any specific gift lapsing shall pass to the Residuary Estate unless otherwise provided.

7. RESIDUARY CLAUSE

I give, devise, and bequeath all the rest, residue, and remainder of my Estate, of whatever kind and wherever situated, to [RESIDUARY BENEFICIARY(IES)] in [EQUAL / STATED] shares, per stirpes.

8. GUARDIAN NOMINATION FOR MINOR CHILDREN

If, at my death, any of my Children are under eighteen (18) years of age, I nominate [GUARDIAN NAME] as Guardian of their persons and estates. If that individual is unable or unwilling to serve, I nominate [ALTERNATE GUARDIAN NAME] as successor. This nomination is intended to constitute a “written designation” under KRS § 387.025(1).

9. FIDUCIARY POWERS AND ADMINISTRATIVE PROVISIONS

9.1 Incorporation of Kentucky Fiduciary Powers Act. To the fullest extent permitted by KRS Chapters 386B and 395, my Executor shall have all powers of a fiduciary under Kentucky law.

9.2 Specific Powers. Without limiting the foregoing, the Executor may:
a. Sell, lease, mortgage, or exchange any Estate asset without court order;
b. Continue, incorporate, or liquidate any business interest;
c. Make tax elections and allocations;
d. Distribute assets in cash or in kind, pro rata or non-pro rata, with asset values fixed as of the date of distribution.

9.3 Independent Administration. I direct that my Estate be administered with minimal court supervision. No interim settlement or accounting shall be required absent judicial order.

10. EXECUTOR INDEMNIFICATION; LIABILITY CAP

10.1 Indemnification. The Estate shall indemnify and hold harmless the Executor from and against any and all claims, liabilities, or expenses (including reasonable attorneys’ fees) incurred in good-faith administration, except for acts of willful misconduct or gross negligence.

10.2 Liability Cap. Any liability of the Executor to Beneficiaries shall be limited to the total value of Estate assets remaining under administration at the time the liability is determined.

11. GOVERNING LAW, FORUM SELECTION & WILL-CONTEST REMEDIES

11.1 Governing Law. This Will shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.

11.2 Forum Selection. Exclusive jurisdiction for probate, interpretation, and enforcement shall lie in the District Court of [COUNTY] County, Kentucky (the “Probate Court”).

11.3 Injunctive Relief. In any will-contest or related action, the Probate Court may grant injunctive or equitable relief as necessary to preserve Estate assets.

11.4 No Arbitration; No Jury Trial. Probate matters shall proceed in the Probate Court; arbitration and jury trials are unavailable under Kentucky probate practice.

12. MISCELLANEOUS PROVISIONS

12.1 Survivorship Requirement. A Beneficiary must survive me by 120 hours to take under this Will, unless application of this rule would cause an intestacy.

12.2 Simultaneous Death Act. Kentucky’s Uniform Simultaneous Death Act, KRS Chapter 446, applies unless otherwise stated herein.

12.3 Spendthrift Protection. To the maximum extent allowed by law, a Beneficiary’s interest shall not be subject to voluntary or involuntary transfer, assignment, or claims of creditors until distribution.

12.4 Headings. Headings are for convenience only and do not affect construction.

12.5 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force.

13. EXECUTION & ATTESTATION

(Conforming to KRS § 394.040)

I, [TESTATOR FULL LEGAL NAME], being of sound mind and at least eighteen (18) years of age, hereby sign this Will on this ___ day of ____, 20__, at [CITY], Kentucky, in the presence of the undersigned witnesses, each of whom is a disinterested, credible adult.

_______
[TESTATOR FULL LEGAL NAME], Testator

Witness Attestation

We, the undersigned witnesses, sign our names hereto at the request of the Testator, in the Testator’s presence and in the presence of each other, all being present at the same time, and we declare that the Testator appeared to us to be of sound mind and under no undue influence.

14. SELF-PROVING AFFIDAVIT

(KRS § 394.225)

Commonwealth of Kentucky )
County of _______ ) SS:

Before me, the undersigned Notary Public, personally appeared the Testator, [TESTATOR NAME], and the witnesses, [WITNESS #1] and [WITNESS #2], all personally known to me (or proven by satisfactory evidence), and, being duly sworn, they declared to me that:

1. The Testator executed the foregoing instrument as the Testator’s Last Will and Testament.
2. The Testator signed (or directed another to sign) the Will in the presence of both witnesses.
3. Each witness signed the Will in the presence of the Testator and of each other.
4. The Testator was, at the time of execution, at least eighteen (18) years old, of sound mind, and under no undue influence.

Subscribed and sworn before me on this ___ day of ____, 20__.

_______
Notary Public, State at Large, Kentucky
My commission expires: ____

[Notarial Seal]

[// GUIDANCE: Attach any separate Personal Property Memorandum, beneficiary designations, or funeral directives as appropriate. Remember that non-probate assets (e.g., life insurance, joint tenancy property) pass outside the Will and should be coordinated with this document.]