Estate Planning FAQ — Kentucky Estate Planning Questions Answered

Do I need a will in Kentucky?

Yes. Without a will, Kentucky’s intestacy laws determine how your property is distributed, which may not reflect your wishes. A will allows you to name guardians for minor children, specify who receives your assets, and choose your executor. Every adult with property, children, or specific wishes about their estate should have a will.

What happens if you die without a will in Kentucky?

If you die without a will (intestate) in Kentucky, KRS 391.010 decides who inherits. Under the rules in effect since July 15, 2026, your surviving spouse comes first. If you have no descendants, or if all of your children are also your spouse’s children and your spouse has no children from another relationship, your spouse inherits the entire estate. In a blended family, your spouse inherits one-half and your descendants share the rest. If there is no surviving spouse, the estate passes to your children and their descendants, then your parents, then your brothers and sisters and their descendants, then grandparents, then aunts and uncles and their descendants, then stepchildren. Only if none of them survive does the estate go to the Commonwealth. See our summary of the 2026 inheritance law changes.

What is the difference between a will and a living trust?

A will is a legal document that takes effect after your death and must go through probate. A living trust is created during your lifetime and allows assets placed in the trust to pass to beneficiaries without probate. Trusts offer more privacy since they are not public record, can provide for management of assets if you become incapacitated, and can help avoid the time and expense of probate. However, trusts are more complex and costly to set up than a simple will. A trust consultation at Larmour Law Offices is $225 — call 859-813-5614 to schedule.

How much does a will cost in Kentucky?

The cost of a will varies depending on the complexity of your estate and your specific needs. At Larmour Law Offices, an estate planning consultation is $175. Trust consultations are $225. During the consultation, we discuss your goals and provide a clear estimate for the documents you need. Call 859-813-5614 to schedule.

What is probate and how does it work in Kentucky?

Probate is the court-supervised process of validating a will, paying debts, and distributing a deceased person’s assets. In Kentucky, probate is handled by the District Court in the county where the deceased resided. The executor named in the will (or an administrator appointed by the court) files the will, inventories assets, notifies creditors, pays debts and taxes, and distributes the remaining assets to beneficiaries. Learn more about probate in Kentucky.

How long does probate take in Kentucky?

The probate timeline in Kentucky varies depending on the size and complexity of the estate. A straightforward estate with no disputes can often be settled within six months to a year. Contested wills, complex assets, or outstanding debts can extend probate significantly. Kentucky law requires creditors be given six months to file claims after receiving notice, which sets a minimum timeline for most estates.

Can I avoid probate in Kentucky?

Yes, there are several strategies to avoid or minimize probate in Kentucky. These include establishing a living trust, designating beneficiaries on bank accounts, retirement accounts, and life insurance policies, holding property in joint tenancy with right of survivorship, and using payable-on-death or transfer-on-death designations. An estate small enough that the surviving spouse’s exemption covers it may also have administration dispensed with under KRS 395.455. An attorney can help you determine the best strategy for your situation — call 859-813-5614.

What is the small estate exemption in Kentucky?

Kentucky’s exemption under KRS 391.030 sets apart up to $30,000 of personal property or money on hand or in a bank for the surviving spouse, or for the surviving children if there is no spouse. When that exemption, alone or with preferred claims, equals or exceeds the distributable assets, the District Court can order under KRS 395.455 that administration be dispensed with and the assets transferred without appointing a personal representative. It applies to personal property, not real estate.

What is a power of attorney?

A power of attorney is a legal document that authorizes another person (your agent or attorney-in-fact) to make decisions on your behalf. A financial power of attorney covers financial and business matters, while a healthcare power of attorney allows your agent to make medical decisions if you become incapacitated. In Kentucky, a durable power of attorney remains effective even if you become mentally incapacitated, which makes it an essential part of any estate plan.

What is a living will (advance directive)?

A living will, also known as an advance directive, is a legal document that states your wishes regarding medical treatment if you become terminally ill or permanently unconscious and cannot communicate your decisions. In Kentucky, the Kentucky Living Will Directive Act (KRS 311.621–311.643) governs these documents. A living will typically addresses decisions about life-sustaining treatment, artificial nutrition and hydration, and pain management.

When should I update my will?

You should review and update your will after any major life event, including marriage, divorce, the birth or adoption of a child, the death of a beneficiary or executor, significant changes in your financial situation, moving to a new state, or acquiring or selling major assets. As a general rule, you should review your estate plan every three to five years even if no major changes have occurred. Contact Larmour Law Offices at 859-813-5614 to schedule a review.

How do I set up a guardianship in Kentucky?

In Kentucky, guardianship is established through a petition filed in District Court. The petitioner must demonstrate that the proposed ward is partially or totally disabled and unable to manage their personal affairs or financial resources. The court appoints an attorney to represent the proposed ward, and a hearing is held to determine whether guardianship is necessary. Kentucky law favors the least restrictive form of guardianship appropriate for the individual’s needs.

What is a holographic (handwritten) will in Kentucky?

A holographic will is a will that is entirely in the testator’s own handwriting and signed by the testator. Under KRS 394.040, Kentucky recognizes holographic wills as valid without witnesses, provided the handwriting and signature can be verified by two credible witnesses during probate. While holographic wills are legally valid, they are more likely to be challenged in court and may not adequately address complex estate planning needs. An attorney-drafted will provides stronger legal protections.

Who should I name as my executor?

Your executor is responsible for managing your estate through the probate process, including paying debts, filing tax returns, and distributing assets to beneficiaries. Choose someone who is trustworthy, organized, and capable of handling financial matters. Many people choose a spouse, adult child, or trusted friend. In Kentucky, your executor must be at least 18 years old and of sound mind. You should also name an alternate executor in case your first choice is unable or unwilling to serve.

What is Casey’s Law and how does it relate to guardianship?

Casey’s Law (KRS 222.430–222.437) allows a parent, spouse, or relative of a person suffering from substance abuse to petition a Kentucky District Court to order involuntary treatment. This is not a traditional guardianship but provides a legal mechanism to intervene when a loved one is unable or unwilling to seek help on their own. The petitioner must demonstrate that the individual poses a danger to themselves or others due to their substance use disorder. Learn more about Casey’s Law.

Do I need an attorney to write a will in Kentucky?

Kentucky does not legally require you to use an attorney to create a will. However, an attorney ensures your will meets all legal requirements under Kentucky law, minimizes the risk of challenges, and properly addresses your specific circumstances including tax planning, guardianship designations, and complex family situations. Errors in a will can result in unintended distributions or costly litigation for your family. Contact Larmour Law Offices at 859-813-5614 to schedule a consultation.