✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley
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Last reviewed: July 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Our rankings are editorially independent. This article is for informational purposes only and does not constitute legal advice.
Kentucky has one significant estate planning feature that sets it apart from most other states: it's one of only five remaining states in the U.S. that still levy an inheritance tax (Iowa repealed its inheritance tax in 2025) on certain beneficiaries. While your spouse, children, and parents are completely exempt, if you leave money to a niece, nephew, friend, or business partner, their inheritance could be taxed 4–16%. This makes strategic will planning especially important for Kentucky residents with non-immediate-family beneficiaries.
Beyond the inheritance tax, Kentucky's will law is straightforward. Online wills are fully legal, the state recognizes holographic wills, and the witness requirements are clear. Whether you're in Louisville, Lexington, Bowling Green, or anywhere in the Commonwealth, here's everything you need to know about making a valid will online in Kentucky.
⚠️ Kentucky Inheritance Tax Alert
Kentucky is one of only 5 U.S. states with an inheritance tax (Iowa repealed theirs effective January 1, 2025). It does NOT apply to spouses, children, parents, grandchildren, or siblings (Class A). But it DOES apply to nieces, nephews, in-laws, friends, and others (Class B/C). Read the inheritance tax section below before writing your will.
Is an Online Will Legal in Kentucky?
Yes — online wills are fully legal in Kentucky when properly executed. Kentucky's will statutes are found in the Kentucky Revised Statutes (KRS) Title XXXIV, Chapter 394.
Under KRS § 394.020, a will is valid in Kentucky if: the testator is of sound mind and 18 years of age or older; the will is in writing; and under KRS § 394.040, the will is signed by the testator in the presence of two credible witnesses, who shall subscribe the will in the presence of the testator and in the presence of each other.
Kentucky's witness requirement is slightly stricter than some states: witnesses must sign in the presence of each other as well as in the presence of the testator. All three parties — the testator and both witnesses — must effectively be present simultaneously during the signing.
Notarization is not required for a Kentucky will to be valid. However, a self-proving affidavit allows the will to be admitted to probate without requiring witness testimony, saving significant time and cost. This is strongly recommended and most quality online will services generate this document automatically for Kentucky residents.
Holographic Wills in Kentucky
KRS § 394.040 recognizes holographic wills in Kentucky. A holographic will must be written entirely in the testator's own handwriting and signed by the testator. No witnesses are required.
While holographic wills are legally valid in Kentucky, they carry significant risks: they are more easily contested, any non-handwritten portion can void the document, and proving the handwriting is entirely the testator's requires additional evidence in probate. A properly witnessed will from an online service is always the safer and more reliable choice.
Electronic Wills in Kentucky
Kentucky has not enacted the Uniform Electronic Wills Act. Fully electronic wills with electronic signatures are not valid under Kentucky law. Online will services generate printable documents requiring physical ink signatures — these comply fully with Kentucky law.
Kentucky Will Requirements Checklist
✔ Kentucky Legal Will Requirements
- You are at least 18 years old and of sound mind
- The will is in writing (typed or printed)
- You sign the will in the presence of two witnesses
- Two credible witnesses sign in your presence AND in each other's presence
- All three parties (testator + 2 witnesses) effectively sign simultaneously
- Notarization NOT required — but a self-proving affidavit is strongly recommended
- Holographic wills ARE recognized — but witnessed wills are always safer
- Electronic wills are NOT currently recognized — physical signatures required
Kentucky Inheritance Tax — The Critical Consideration
Kentucky is one of just five remaining states (along with Maryland, Nebraska, New Jersey, and Pennsylvania) — Iowa repealed its inheritance tax effective January 1, 2025 that still imposes an inheritance tax. Understanding this tax is essential for anyone writing a Kentucky will with non-immediate-family beneficiaries.
Kentucky's Three Beneficiary Classes
| Class | Who Qualifies | Tax Rate | Exemption |
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| Class A | Spouse, parents, children, grandchildren, siblings, half-siblings | 0% — Exempt | Full exemption |
| Class B | Nieces, nephews, daughters/sons-in-law, aunts, uncles, great-grandchildren | 4% – 16% | First $1,000 exempt |
| Class C | All others (friends, business partners, non-relatives) | 6% – 16% | First $500 exempt |
Kentucky inheritance tax is imposed under KRS Chapter 140. Class B rates start at 4% on amounts over $1,000, rising to 16% on amounts over $200,000. Class C rates start at 6% on amounts over $500, rising to 16% on amounts over $200,000.
Strategic Planning to Minimize Kentucky Inheritance Tax
If you want to leave significant assets to Class B or Class C beneficiaries, there are legal strategies worth discussing with an estate planning attorney:
- Lifetime gifts: Annual federal gift tax exclusion ($18,000/person/year in 2026) allows tax-free transfers before death
- Life insurance: Life insurance proceeds paid directly to named beneficiaries generally pass outside the estate and may avoid inheritance tax
- Revocable living trust: Assets transferred into a properly structured trust may reduce the taxable estate
- Charitable bequests: Gifts to qualified charities are exempt from Kentucky inheritance tax
For most Kentuckians leaving assets only to immediate family (Class A beneficiaries), this tax is irrelevant. But if you have meaningful assets and non-immediate-family beneficiaries, consulting a Kentucky estate planning attorney is money well spent.
Kentucky Probate: Courts & Process
District Court Jurisdiction
Unlike states with dedicated probate courts, Kentucky handles probate in its District Court system. Each of Kentucky's 120 counties has a District Court that handles probate, guardianship, and related matters. The District Court is part of Kentucky's unified court system and is generally accessible and well-organized.
Small Estate Procedures
Kentucky provides simplified procedures for smaller estates:
- Surviving spouse allowance (KRS § 391.030): A surviving spouse may receive personal property up to $15,000 in value without formal administration
- Small estate affidavit: For estates where total probate assets are under $30,000 (personal property, no real estate), heirs can often collect assets with an affidavit, avoiding full probate proceedings
Best Online Will Services for Kentucky Residents
Best overall for Kentucky residents — complete document package, inheritance tax awareness, self-proving affidavit
Will plan from
$199
KY-Specific Documents
Self-Proving Affidavit
Living Trust Available
Healthcare Directive
Free Lifetime Updates
Trust & Will generates a complete Kentucky-compliant will package. The questionnaire is designed to surface inheritance tax considerations for non-immediate-family beneficiaries and provides the self-proving affidavit needed for smooth probate. The trust option is particularly valuable for Kentuckians wanting to avoid both probate and inheritance tax exposure.
✅ Pros
- KY self-proving affidavit included
- Trust option avoids probate
- Surfaces inheritance tax issues
- Free lifetime updates
❌ Cons
- Doesn't replace attorney advice for complex tax planning
- Higher price than budget options
Start Your Kentucky Will at Trust & Will →
Best if you want attorney access for Kentucky inheritance tax questions
Will plan from
$89
KY-Compliant Documents
Attorney Network
Inheritance Tax Guidance
LegalZoom's attorney subscription access makes it particularly valuable for Kentucky residents who need guidance on inheritance tax implications for specific beneficiaries. The base will documents are valid, and the attorney access subscription can be well worth it for estates with Class B/C beneficiaries.
✅ Pros
- Attorney access for tax questions
- Lower entry price
- KY inheritance tax awareness
❌ Cons
- Upsells inflate total cost
- Updates cost extra
Compare at Trust & Will →
Subscription service for Kentucky residents needing ongoing legal document access
Membership from
$39.99/mo
KY Will Template
Attorney Q&A
Multiple Documents
Rocket Lawyer offers Kentucky will templates with attorney Q&A access. Good value if you need multiple legal documents. The attorney Q&A feature can help clarify Kentucky inheritance tax questions for your specific situation.
✅ Pros
- Attorney questions included
- Broad document library
❌ Cons
- Ongoing subscription
- Less estate-focused
See Trust & Will Instead →
Budget option for simple Kentucky estates with Class A beneficiaries only
Plan from
$9.95/mo
Low Cost
KY-Specific Templates
Quick Completion
LawDepot is the most affordable option and produces valid Kentucky wills. Best suited for simple estates where all beneficiaries are Class A (family members exempt from inheritance tax). Limited guidance on Kentucky's inheritance tax complexities.
✅ Pros
- Very low cost
- Fast completion
❌ Cons
- Limited inheritance tax guidance
- Subscription model
Compare at Trust & Will →
Cost Comparison: Online Will Services vs. Kentucky Attorney
| Option | Cost | What's Included |
|---|
| Trust & Will (Will Plan) | $199 | Will, POA, healthcare directive, free updates |
| Trust & Will (Trust Plan) | $499 individual/ $599 couples | Living trust, pour-over will, all directives |
| LegalZoom (Basic Will) | $89–$179 | Will; directives often sold separately |
| Rocket Lawyer | $39.99/mo | Will template + attorney Q&A |
| LawDepot | $9.95/mo | Will and basic documents |
| KY Estate Attorney (Simple Will) | $800–$1,800 | Custom documents with legal advice |
| KY Attorney (Complex/Tax Planning) | $2,000–$5,000+ | Full estate plan with inheritance tax strategy |
When you need an attorney: If you plan to leave significant assets to Class B or Class C beneficiaries (nieces, nephews, friends, etc.), consulting a Kentucky estate planning attorney for inheritance tax minimization strategies is worthwhile. For estates leaving assets primarily to Class A beneficiaries, online services are entirely appropriate.
Step-by-Step: How to Make a Will in Kentucky Online
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1
Choose your service For most Kentucky residents, Trust & Will is the best choice. If you have non-immediate-family beneficiaries and want attorney guidance on inheritance tax, consider starting with LegalZoom's attorney access option.
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2
Complete the questionnaire Note who your beneficiaries are — this is particularly important in Kentucky given inheritance tax implications for Class B and Class C recipients. Takes 20–35 minutes.
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3
Review and print your documents Verify all beneficiary designations, asset distributions, executor appointment, and guardian designations (if applicable). Print your will and self-proving affidavit.
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4
Sign before two witnesses and a notary Critical for Kentucky: all three parties (you and both witnesses) must be simultaneously present during signing. Then complete the self-proving affidavit before a notary. Remote online notarization is available in Kentucky.
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5
Store safely and communicate Keep the original in a fireproof safe or safe deposit box. Tell your executor where it is. Update your will after major life events — especially if your beneficiary situation changes.
Ready to Make Your Kentucky Will?
Trust & Will is our top pick for Kentucky — includes self-proving affidavit, surfaces inheritance tax considerations, and offers a trust option for complex estates.
Start Your Kentucky Will at Trust & Will →
Frequently Asked Questions
Is an online will legal in Kentucky?
Yes. Online wills are fully legal in Kentucky under KRS § 394.020 and § 394.040. A valid will must be in writing, signed by the testator (age 18+), and witnessed by two credible witnesses who sign in the testator's presence and in each other's presence. Notarization is not required, but a self-proving affidavit is strongly recommended.
Does Kentucky have an inheritance tax?
Yes — Kentucky is one of only six U.S. states with an inheritance tax. Class A beneficiaries (spouse, children, parents, grandchildren, siblings) pay no tax. Class B beneficiaries (nieces, nephews, in-laws, aunts, uncles) pay 4–16% on amounts over $1,000. Class C (everyone else) pays 6–16% on amounts over $500. Strategic planning can reduce this tax exposure.
How many witnesses does a Kentucky will require?
Two credible witnesses are required under KRS § 394.040. Importantly, all parties — the testator and both witnesses — must be simultaneously present. Witnesses must sign in the testator's presence AND in each other's presence. Use disinterested witnesses (non-beneficiaries) as best practice.
Are holographic wills valid in Kentucky?
Yes, under KRS § 394.040. A holographic will must be entirely in the testator's handwriting and signed — no witnesses required. However, holographic wills are more vulnerable to contest, and any non-handwritten element can void the document entirely. A properly witnessed online will is always the better choice.
Does Kentucky recognize electronic wills?
No. Kentucky has not enacted the Uniform Electronic Wills Act. Electronic wills are not currently valid under Kentucky law. Online will services generate printable documents for physical ink signing — these are fully compliant with Kentucky law.
What court handles probate in Kentucky?
Probate in Kentucky is handled by the District Court in each of Kentucky's 120 counties. Unlike states with dedicated probate courts, Kentucky routes probate matters through its District Court system. District Court judges handle probate alongside other civil and criminal matters.
What is Kentucky's small estate affidavit threshold?
Kentucky allows simplified procedures for small estates. A surviving spouse may claim personal property up to $15,000 without formal administration under KRS § 391.030. A general small estate affidavit procedure is available for estates with probate assets under $30,000 (personal property only, no real estate).
Is Kentucky a community property state?
No. Kentucky is a common law (separate property) state. Assets belong to whoever earned or purchased them, not automatically 50/50 with a spouse. However, surviving spouses have an elective share right under KRS § 392.080, allowing them to claim up to 50% of the deceased spouse's estate regardless of the will's provisions.