Title XXXIV, Descent, Wills, and Administration of Decedents' Estates

As respects the payment of the testator's debts, there shall be no distinction between specific and general devises except as provided in this chapter.

When any real or personal estate is devised to any heir at law of the testator, and the title to the estate, or any part thereof, proves invalid, such devisee shall have contribution from the others, unless it appears from the will that such was not the intention of the testator.

When a testator shall have a posthumous child, the share of such child shall be first taken from the estate not disposed of by the will, if any be left after paying debts and other charges, and the residue shall be made up ratably by the devisees.

A posthumous child shall be considered a devisee under the law of contribution and entitled to all his rights, and liable to all his responsibilities.

(1) When a widower's curtesy or widow's dower is taken, or the survivor's portion is made up, in whole or in part, from the estate devised to a devisee, such devisee shall have contribution on the principles of KRS 394.420 to 394.490 unless the will otherwise directs, or it is ne…

KRS 394.420 to 394.490 shall not affect any statutory provision in relation to property devised which may be subject to a lien.

Unless a contrary intention appears from the will, real or personal estate, comprised in a devise or bequest incapable of taking effect, shall be included in the residuary devise contained in the will.

When any property is devised subject to or upon the payment by the devisee to another of a sum of money or his doing some other thing, the latter shall have a lien on the legacy for the sum to be paid, or for the value of the thing to be done.

If no time is fixed for the payment of a specific pecuniary legacy, it shall be payable one (1) year after the probate of the will, and carry interest after due.

Where lands are devised to be sold on special or general trust, or are conveyed or devised to trustees or executors in trust to be sold generally or for any specific purpose, the purchaser shall not be bound to look to the application of the purchase money, unless so expressly re…

(1) A contract to make a will or devise, or not to revoke a will or devise or to die intestate, if executed after June 16, 1972, can be established only by: (a) Provisions of a will stating material provisions of the contract; (b) An express reference in a will to a contract and …

and exchange. A legacy of stock, regardless of whether it is construed to be general or specific, shall include: (1) All stock split shares attributable to the devised shares; (2) All stock dividends attributable to the devised shares; (3) All shares of stock issued as a result o…

(1) As used in this section, the "legal representative of a living person" includes the person's conservator, limited conservator, guardian, limited guardian, and attorney- in-fact. (2) A living person, or the legal representative of a living person, who is an heir, next of kin, …

(1) An instrument disclaiming a present interest shall be filed not later than nine (9) months after the death of the decedent or the donee of the power. (2) An instrument disclaiming a future interest shall be filed not later than nine (9) months after the event that determines …

Unless the decedent or donee of the power has otherwise provided, the property or interest disclaimed devolves as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take under a power of appointment exercised by a testamentary instrument, as i…

(1) The right to disclaim property or an interest therein is barred by (a) an assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor, (b) a written waiver of the right to disclaim, (c) an acceptance of the property or interest…

KRS 394.610 to 394.670 does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute.

KRS 394.610 to 394.670 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of KRS 394.610 to 394.670 among states enacting it.

KRS 394.610 to 394.670 may be cited as the Uniform Disclaimer of Transfers by Will, Intestacy, or Appointment Act.

As used in KRS 394.700 to 394.715: (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (2) "Electronic presence" means the relationship of two (2) or more individuals in different locatio…

An electronic will is a will for all purposes of the law of this Commonwealth. The law of this Commonwealth applicable to wills and principles of equity apply to an electronic will, except as modified by KRS 394.700 to 394.715.

A will executed electronically but not in compliance with KRS 395.706 is an electronic will if executed in compliance with the law of the jurisdiction where the testator is: (1) Physically located when the will is signed; or (2) Domiciled or residing when the will is signed or wh…

(1) Subject to KRS 394.710(3), an electronic will shall be: (a) A record that is readable as text at the time of signing under paragraph (b) of this subsection; (b) Signed by: 1. The testator; or 2. Another individual in the testator's name, in the testator's physical presence, a…

(1) An electronic will may revoke all or part of a previous will. (2) All or part of an electronic will may be revoked by: (a) A subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or (b) A physical act, if it is established by clear and…

(1) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of witnesses. (2) The acknowledgment and affidavits under subsection (1) of this section shall be: (a) Made before a notary public authorized to…

An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electronic will is made self-proving, the certified paper cop…

In applying and construing KRS 394.700 to 394.715, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

KRS 394.700 to 394.715 shall apply to the will of a decedent who dies on or after July 15, 2026.

As used in KRS 394.720 to 394.750: (1) "Electronic" has the same meaning as in KRS 394.700; (2) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means; (3) "Electronic signature" means an electronic symbol or process att…

KRS 394.720 to 394.750 shall be construed and applied to: (1) Facilitate electronic estate planning documents and signatures consistent with other law; and (2) Be consistent with reasonable practices concerning electronic documents and signatures and continued expansion of those …

(1) Except as provided in subsection (2) of this section, KRS 394.720 to 394.750 apply to an electronic nontestamentary estate planning document and an electronic signature on a nontestamentary estate planning document. (2) KRS 394.720 to 394.750 do not apply to a nontestamentary…

The law of this Commonwealth and principles of equity applicable to a nontestamentary estate planning document apply to an electronic nontestamentary estate planning document except as modified by KRS 394.720 to 394.750.

(1) KRS 394.720 to 394.750 do not require a nontestamentary estate planning document or signature on a nontestamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form…

signatures. (1) A nontestamentary estate planning document or signature on a nontestamentary estate planning document shall not be denied legal effect or enforceability solely because it is in electronic form. (2) If any other law of this Commonwealth requires a signature on a no…

(1) An electronic nontestamentary estate planning document or electronic signature on an electronic nontestamentary estate planning document is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including by showing the eff…

If other law of this Commonwealth requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarizatio…

(1) If any other law of this Commonwealth bases the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic. (2) If other law of th…

(1) Except as provided in subsection (2) of this section, if other law of this Commonwealth requires an electronic nontestamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing a…

An individual may create a certified paper copy of an electronic nontestamentary estate planning document by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document.

Evidence relating to an electronic nontestamentary estate planning document or an electronic signature on the document may not be excluded in a proceeding solely because it is in electronic form.

In applying and construing KRS 394.720 to 394.750, a court shall consider the promotion of uniformity of the law among the jurisdictions that enact it.

KRS 394.720 to 394.750 modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq., as amended, but do not modify, limit, or supersede 15 U.S.C. sec. 7001(c), or authorize electronic delivery of any of the notices describ…

KRS 394.720 to 394.750 apply to an electronic nontestamentary estate planning document created, signed, generated, sent, received, or stored before, on, or after July 15, 2026.

The term "fiduciary" as used in this chapter: (1) Means any person, association, or corporation meeting the requirements of KRS 395.005 (other than assignee or trustee for an insolvent debtor or a guardian under the Uniform Veterans' Guardianship Act) appointed by, or under the c…

The following persons may be appointed as fiduciary: (1) Any resident of the state of Kentucky, over eighteen (18) years of age, except as set out in KRS 395.080; (2) Any national bank located in Kentucky having fiduciary powers; (3) Any state bank or trust company incorporated u…

KRS 395A.010 to 395A.180 may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act (2015).

Original administration shall not be granted after the expiration of ten (10) years from the death of the testator or intestate and if made after that time, it shall be void.

(1) Any person having a financial or property interest in a decedent's estate may file a demand for notice with the court at any time after the death of the decedent, stating the name of the decedent, the nature of the demandant's interest in the estate, and his address or that o…

will -- General financial disclosure statement -- Declaration. (1) Before being appointed as executor, administrator, curator, or administrator with the will annexed, every person shall make and file in duplicate a written application for appointment under oath, which shall inclu…

(1) (a) When a hearing is ordered by the court, notice of the hearing on an application for the appointment of a fiduciary, or petition for the probate of a will, shall be given by mailing written notice of the time, place, and purpose of the hearing at least five (5) days before…