Is An Online Will Legally Valid in Kentucky?
Yes, Kentucky law recognizes wills that are made online. However, just creating a will doesn’t necessarily mean it will hold up in court.
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What Makes an Online Will Legally Valid in Kentucky?
Online wills are legal in Kentucky, but the document still needs to be printed on paper and signed the traditional way. It needs to be signed by the person stating their wishes (the testator) and witnessed by two credible witnesses. Kentucky law technically allows a beneficiary to serve as a witness, but doing so puts their own gift at risk. It can be voided or reduced to whatever they'd receive anyway as an heir under intestacy, so it's best practice to use disinterested witnesses. You do not need to notarize your will, unless you want it to be self proving which can speed up the probate process.
Kentucky recognizes holographic, or handwritten, wills that are entirely in the testator's handwriting, signed, and dated. To probate one, two people typically need to appear in court to verify the handwriting is genuine.
What You Need to Know about Online Wills in Kentucky
Estate laws are tough to navigate with complex rules about who it inherits. They also vary greatly depending on which state you live in. It's important to ensure your online will is structured appropriately to avoid a long, complex legal process.
Kentucky Property Laws
As a common law property state, ownership of an asset is most often determined by who is listed on the title, deed, or account.
Kentucky Probate
All wills go through probate in Kentucky unless the estate is valued at $30,000 or less, in which case a surviving spouse or child may qualify for a small estate affidavit. Otherwise, you'll need a trust to avoid probate. Kentucky is also one of the few states with a direct inheritance tax, so it's worth understanding how beneficiaries outside your immediate family could be taxed.
Avoiding Probate in Kentucky
- Put your assets in a revocable living trust. You'll have greatly control and can choose who is in charge of getting your assets to others, according to your wishes.
- Name beneficiary designations on financial and retirement accounts. By adding these people in, you will determine who becomes the new owner when you pass.
- Establish joint ownership with right of survivorship. This will ensure those listed take automatic ownership upon your death.
