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KRS 394.300
Wills must be:
Admitted for probate in the district court of thecounty and
contain a probate certificate before they can be recorded. The
document should be recorded in the order required, i.e., the
probate page first and then the will.
Indexing information: Wills are indexed in the Index to Wills and
filed in the Will Book. Index the name of the deceased as the
first party.
The County Clerk shall retain the original copy of the
will permanently.
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for Fee Schedule
WILLS - OUT OF COUNTY
The clerk may record wills probated in another Kentucky county if
an attested or certified copy of the will and order of probate
from the County Clerk in the county where the will was originally
filed is presented, (KRS 394.300).
Indexing information: Wills are indexed in the Index to Wills and
filed in the Will Book. Index the name of the deceased as the
first party.
The County Clerk shall retain the original, certified or
attested copy of the will permanently.
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for Fee Schedule.
Important note to Clerks: KRS 394.300 states every will or
authenticated copy admitted to record by any court shall be
recorded by the county clerk, and remain in his office, except
during such time as it may be carried to another court under
subpoena duces tecum. This means that after a will has been
recorded the clerk is to retain the will in a secure environment.
If a customer wants to see the will, the customer must use the
book, microfilm etc as with all other documents. The only time the
“original will” is used is by court order. The clerk should
maintain a receipt in the will file stating where the “original
will” is until the document has been returned.
Prior to 1978 probate orders were not required. If a certified
copy of a will from another county is presented for recording
prior to 1978, do not expect it to have a probate order.
WILLS – OUT OF STATE KRS 394.150
The recording requirements for an out of state will are as
follows:
Before recording an out of state will, the county clerk or deputy
must insure the will has been processed through the KENTUCKY
probate court in their county and has a certificate of probate
from their county. The will must be an authenticated or
exemplified copy of the will and include the probate certificate
from the resident state. The Kentucky probate certificate is
required along with the authenticated copy of the will and
certificate of probate (from the resident state) to be recorded in
the county clerk’s office. KRS 394.150
The clerk may record an out of state will that was probated and
recorded in another Kentucky county, if an attested or certified
copy of the will and order of probate from the County Clerk in the
county where the will was originally filed is presented, (KRS
394.300 and OAG 94-48).
Recording requirements: KRS 394.150
Kentucky probate certificate
Authenticated copy of the will
Certificate of probate (from the resident state)
Indexing information: Wills are indexed in the Index to Wills and
filed in the Will Book. Index the name of the deceased as the
first party.
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for Fee Schedule
The County Clerk shall retain the original copy of the
will permanently.
DISCLAIMERS – WILL KRS 394.620
Disclaimers shall be:
Filed in district court, however if real property or an interest
therein is disclaimed, an attested copy of the disclaimer from
district court may be recorded in the office of the county clerk
of the county in which the real estate is situated. (KRS 394.620.)
The clerk shall request a return mail address (KRS 382.240).
Disclaimers are filed in the Will Book and are indexed under the
deceased name.
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RENUNCIATION OF A WILL – KRS 392.080
The surviving spouse is the only person that is eligible to
renounce a will under this statute. The document must be recorded
within six months after the will is probated and acknowledged
before and left for record with the county clerk or his authorized
deputy in the county where probate was made, or acknowledged
before a subscribing witness and proved before and left with the
county clerk or his authorized deputy.
This means there are two methods to renounce a will.
1. The person renouncing the will must sign the document in front
of the county clerk or deputy clerk AND the
county clerk or deputy must provide a written acknowledgement AS
PART OF THE DOCUMENT.
2. The person renouncing the will must sign the document before a
subscribing witness AND the witness must provide
a written acknowledgement AS PART OF THE DOCUMENT AND
the witness must sign the document before the county clerk AND
the county clerk must provide a written acknowledgement AS PART OF
THE DOCUMENT. (KRS 392.080)
The clerk shall request a return mail address (KRS 382.240)
Renunciations are filed in the Will Book and are indexed under the
deceased name.
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NOTICE OF CONTEST KRS 394.240
AKA CONTESTING A WILL
(To be filed in the Will Book and maintained as an original will)
394.240 ACTIONS IN CIRCUIT COURT; TIME IN WHICH TO BE BROUGHT;
FILING NOTICE OF PROCEEDING
Any person aggrieved by the action of the district court in
admitting a will to record or rejecting it may bring an original
action in the circuit court of the same county to contest the
action of the district court. Such action shall be brought within
two (2) years after the decision of the district court. The
parties may, in the same action, or in a separate action if the
validity of the will is not in issue, seek construction,
interpretation or reformation of a will.
Upon filing an adversary proceeding in circuit court in matters
involving probate whether in a testate or intestate proceeding or
an action pursuant to subsection (1) of this section, the
plaintiff shall forthwith lodge a notice of the action in the
office of the county clerk of the county in which the will was
admitted to probate or rejected, or if in an intestate estate in
the office of the county clerk of the county in which the estate
was probated.
The notice must have the following requirements:
- state the name of the testator (deceased)
- the style of the action
- the court in which the action has been field
- the file number assigned to the action by the clerk of the
court in which it has been filed
- the nature of the action
- the date on which the action was commenced
The notice must be signed by plaintiff or his attorney. The
signature does not have to be acknowledged or notarized.
The county clerk shall record and index said notice as if it were
a will, therefore regardless of the number of pages the cost is
$8.00 to record. The first party is the name of the deceased.
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The original of this document must be kept with the original wills
maintained by the clerk’s office. |
