How to Create a Valid Will in Louisville, KY
A will is a person’s declaration of how he or she desires their property to be disposed of after their death. If a person dies without a will, his or her estate will not be distributed according to their wishes, but in accordance with the order of Intestate adopted by the State. In Kentucky, property is distributed per stirpes. (to find out exactly how property is distributed in the absence of a will, click here.)
If there are no known relatives, the property escheats to the State. However, to ensure that the correct amount of your property goes to whom you desire, you should execute a will. Additionally, a will can also be used to create trusts, name the trustees and beneficiaries of trusts and to appoint guardians for the decedent’s minor children.
Kentucky, for a will to be valid it must have been made by a person who was over the age of 18 and of sound mind. Additionally, the will must be in writing, signed by the maker of the will and signed by two witnesses who were present to witness the execution of the document by the maker and who also witnessed each other sign the document. In Kentucky, a will does not have to be notarized to be valid. A notary, however, should be used to simplify and improve the probate process. Witnesses to a self-proven Will are not required to testify in court because the court automatically accepts a self-proven Will as authentic. To self-prove a Will the testator and the witnesses must swear in an affidavit before a notary to the authenticity of the Will. The affidavit should be part of the Will or attached to it.
Preparing an Estate Package at Coleman, Roles, & Associates
The attorneys at Coleman are available to prepare a valid will, power of attorney, and living will for $275-$425 depending on the complexity of the documents. Contact us at 502-771-0588 to discuss what Estate Planning documents fit your needs.