Simple Will - Kentucky

SIMPLE LAST WILL AND TESTAMENT

of [TESTATOR FULL LEGAL NAME]

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 a separate, signed, and dated writing, in existence at the time this Will is executed and referred to herein with reasonable certainty, disposing of tangible personal property not otherwise specifically bequeathed. Kentucky has not enacted a statute equivalent to Uniform Probate Code § 2-513 authorizing a freely updatable, after-the-fact property list; a proposed statute to that effect (2024 Ky. H.B. 451) was not enacted. Accordingly, the Personal Property Memorandum is given effect, if at all, only under the common-law doctrine of incorporation by reference, which requires that the writing already exist when this Will is signed and be identified with reasonable certainty; a memorandum created or altered after execution of this Will is advisory only and not binding on the Executor.
“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. I request that no surety bond be required of any Executor. KRS § 395.130 provides that no bond is required by default but permits the court to require one when necessary to adequately protect the interests in the Estate; my request does not limit that authority.

5. DISPOSITION OF TANGIBLE PERSONAL PROPERTY

5.1 Personal Property Memorandum. I may leave a signed, dated Personal Property Memorandum that is in existence on the date I execute this Will. The Executor shall distribute items listed therein; if no such 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. A memorandum prepared or altered after the date of this Will is not incorporated by reference and shall be treated only as precatory guidance to the Executor, not as a binding disposition.

6. SPECIFIC DEVISES AND BEQUESTS

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 I am the last surviving parent of a minor Child, I nominate [GUARDIAN NAME] as Guardian of that Child's person. If that individual is unable or unwilling to serve, I nominate [ALTERNATE GUARDIAN NAME] as successor. If separate management of the Child's financial resources is desired, I nominate [CONSERVATOR NAME] as Conservator. These nominations are made under KRS § 387.040, subject to court appointment.

9. FIDUCIARY POWERS AND ADMINISTRATIVE PROVISIONS

9.1 Incorporation of Statutory Personal Representative Powers. To the fullest extent permitted by KRS Chapter 395 (Personal Representatives), including the powers enumerated in KRS § 395.195 (Transactions authorized for personal representative), my Executor shall have all powers of a personal representative under Kentucky law. (KRS Chapter 386B, the Kentucky Uniform Trust Code, governs trustees of trusts and is not incorporated here except to the extent any testamentary trust created under this Will is separately administered as a trust.)

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. Non-adversarial probate of this Will — including its admission to record and the appointment of the Executor — lies exclusively in the District Court of [COUNTY] County, Kentucky, the testator's county of residence, pursuant to KRS § 394.140 and KRS § 24A.120(2) (the “Probate Court”). Kentucky has no separate probate division of Circuit Court; the District Court exercises probate jurisdiction directly. Any adversary proceeding contesting the validity of this Will, or seeking its construction, interpretation, or reformation in connection with such a contest, shall be brought in the Circuit Court of the same county pursuant to KRS § 394.240, within two (2) years after the District Court's decision admitting or rejecting the Will to record.

11.3 Injunctive Relief. In any will-contest action pending in Circuit Court under Section 11.2, or in any non-adversarial matter pending in the Probate Court, the court in which the matter is properly filed may grant injunctive or equitable relief as necessary to preserve Estate assets.

11.4 No Arbitration; No Jury Trial. Non-adversarial probate matters proceed before the Probate Court without a jury. Kentucky probate and will-contest practice does not utilize arbitration in lieu of the statutory District Court/Circuit Court forums described above.

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 397 (KRS §§ 397.1001–397.1009), 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)

STATE OF KENTUCKY

COUNTY OF [________________________________]

I, [TESTATOR NAME], the Testator, sign my name to this instrument on [__/__/____] and, being first duly sworn, declare to the undersigned authority that I sign and execute this instrument as my Last Will and Testament; that I sign it willingly, or willingly direct another to sign for me; that I execute it as my free and voluntary act for the purposes expressed; and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

_____________________________________

[TESTATOR NAME], Testator

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, sign our names to this instrument and, being first duly sworn, declare to the undersigned authority that the Testator signs and executes this instrument as the Testator's Last Will and Testament and does so willingly, or willingly directs another to sign; that each of us, in the presence and hearing of the Testator and in the presence of the other subscribing witness, signs this Will as a witness to the Testator's signing; and that, to the best of our knowledge, the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

_____________________________________

[WITNESS #1 NAME], Witness

_____________________________________

[WITNESS #2 NAME], Witness

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], the witnesses, on [__/__/____].

_____________________________________
Notarial Officer

Official capacity: [________________________________]

My commission expires: [__/__/____]

[Notarial Seal]