Estate plan

Kentucky

Everything to plan your estate in Kentucky: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Kentucky, all for $29/year.

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Kentucky content last reviewed May 18, 2026.

Will

2W

Trust

—

POA

N

HC Directive

2W

E-will

Adopted

Since 2026

RON

Enacted

Effective 2020-01-01

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements
1

Will

Ky. Rev. Stat. §394.020 et seq.

Witnesses: 2 required

Two credible witnesses must subscribe the will in the presence of the testator (KRS §394.040)

Witnesses sign together: Required

Kentucky requires the attesting witnesses to sign in each other's presence; signing within a reasonable time of one another is not sufficient.

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in Kentucky

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Ky. Rev. Stat. §457.050 (Uniform Power of Attorney Act, current text after 2020 Ky. Acts ch. 41 §42): signature is presumed genuine when acknowledged before a notary; witnesses are NOT statutorily required (the two-disinterested-witness rule added by the 2018 enactment was rolled back in 2020)
•Durability is presumed unless the instrument states otherwise
•Witness signatures are commercially recommended (banks, brokerages, title insurers often request them) but are not required for validity
•Practical-acceptance rule: while §457.050 treats notarization as the formality that creates a presumption of genuineness rather than a strict validity requirement, Kentucky banks, brokerages, and title companies almost universally refuse to honor an unacknowledged POA, and §457.060 conditions recordability of any conveyance executed by the agent on a notarized instrument. The §§457.190 and 457.200 acceptance-and-liability regime (acceptance of, and liability for refusal to accept, an acknowledged power of attorney) likewise presumes acknowledgment. Treat notarization as required for the POA to be commercially usable; an unacknowledged Kentucky POA fails at the moment it is needed (real-estate deed signing, bank transaction, brokerage rollover) even though it is technically valid between the principal and the agent.
ViewStatutory warning notice
IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act in KRS Chapter 457. This power of attorney does not authorize the agent to make health- care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one (1) agent. If you wish to name more than one (1) agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
4

Living Will Directive / Health Care Surrogate

Ky. Rev. Stat. §311.621-311.643

Witnesses: 2 required, or notary

Kentucky accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

Acknowledged before a notary public. Ky. Rev. Stat. §311.625

State-specific notes

•Witness disqualifications per Ky. Rev. Stat. §311.625(2): a blood relative of the grantor; a beneficiary of the grantor under Kentucky's descent and distribution statutes; an employee of the health care facility in which the grantor is a patient (unless the employee serves as a notary public); the grantor's attending physician; or any person directly financially responsible for the grantor's health care. The disqualification list applies to the notary as well as to attesting witnesses.
•Either two qualified witnesses OR acknowledgment before a notary public satisfies §311.625(2); both are not required.
Subscription

6 more documents with a subscription

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Electronic will status

Kentucky has enacted electronic will legislation (2026), but the law is not yet operative.

The law takes effect on July 14, 2026. Until then, a traditional paper will with physical signatures is required.

Digital assets access

Kentucky has adopted RUFADAA (2020). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Kentucky authorized RON in 2019. The law took effect on January 1, 2020.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Kentucky does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Kentucky for guidance specific to your situation.

Also for Kentucky

Make a Kentucky will

Free last will and testament, valid in Kentucky.

Kentucky healthcare directive

Name your medical decision-maker and treatment wishes.

Kentucky power of attorney

Name someone to handle finances if you can't.

Kentucky living trust

Skip probate and keep your estate private.

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