A will is your written instruction for who receives your property at death, who will carry out those instructions, and, if you have minor children, who you would want to raise them. It is also your chance to make your own choices rather than leaving them to Kentucky’s default rules.
This page offers general information about Kentucky law, not legal advice. Reading it or contacting us does not create an attorney-client relationship; that begins only when we agree in writing to represent you. See our advertising notice.
Why Have a Will?
Without a will, state law decides who inherits, and the court picks who will administer your estate. That may be fine for some families, but it is rarely a considered choice. A will lets you:
- Decide who receives your property, including specific items that matter to you.
- Name an executor you trust, and successors if that person cannot serve.
- Nominate a guardian for minor children.
- Provide for a beneficiary through a trust, such as a young adult or a family member with special needs.
- Reduce confusion and conflict among family members at a hard time.
Estate planning is not only for the wealthy. Even a modest estate holds property that is valuable to you and meaningful to your family. Review your plan after major life events such as marriage, divorce, the birth of a child, or the purchase of a home. See Changing Your Will and Marriage, Divorce, and Your Will.
What Makes a Will Valid in Kentucky?
Kentucky requires that the person making the will be at least 18 and of sound mind (KRS 394.020). A will must be in writing and signed by the testator. Unless it is entirely in the testator’s own handwriting, the testator must sign or acknowledge it in front of at least two credible witnesses, who sign in the testator’s presence and in the presence of each other (KRS 394.040). A will that is signed the right way can also be made “self-proving” with an acknowledgment and witness affidavits before a notary, which can simplify probate later (KRS 394.225). Kentucky recently adopted a law on electronic wills, so ask us if that is something you are considering.
Also, someone who is both a witness and a beneficiary can put the gift at risk (KRS 394.210), which is one reason we take care over who witnesses your will. We arrange the witnesses and notary as part of the signing ceremony.
Frequently Asked Questions
Will a consultation be enough to get my will done?
Usually, yes. Much of what we need comes from the questionnaire you complete, and the questionnaire itself walks you through the decisions. If your situation is more involved, such as a testamentary trust, or if the questionnaire is incomplete, we may need additional time and will let you know before we proceed.
Do I really need a lawyer to write my will?
No, Kentucky does not require it. But there is more to even a simple will than who gets what. A will that is not drafted or signed correctly may not be honored, and gaps in the drafting can cause problems for your family. We explain your options and make sure the will is drafted and signed as Kentucky law requires. See also holographic wills.
Are powers of attorney and a living will necessary?
They are not legally required, but we strongly recommend them. A will speaks only after death. These documents let you choose who handles your finances and health care decisions if you cannot. Learn more about powers of attorney and living wills.
How long will it take?
To begin, you complete our intake form, speak with one of our attorneys, complete the questionnaire, and sign an engagement agreement. We then prepare your documents and give you a realistic timeline based on the plan you choose. We can exchange documents by email, mail, or in person.
Do I need to come to your office?
Signing the will correctly is what makes it effective. Most clients sign at our office, where we arrange the witnesses and notary and walk you through the formalities. If you cannot travel, contact us and we will discuss options and provide instructions.
Will and Estate Planning Fees
We price our routine estate planning work as flat-fee packages, so you know the cost up front. Complex situations, such as business succession or tax planning, are quoted individually after we talk. We are happy to walk you through exactly what each package includes before you decide.
- Simple will plus both powers of attorney: $750.
- Spouses, six-document package (no trust): $1,000.
- Both powers of attorney only (no will): $250 for both, plus $250 for the execution ($500 total).
- Trust-based packages: $1,500 for an individual, $2,000 for spouses (non-blended family), or $2,500 for spouses (blended family), including the execution. See Revocable Living Trusts.
Our estate planning fee comparison shows these packages side by side.
Discount policy. We take 10% off the fee for military, teachers, police, and firefighters, and for clients who make a donation of $250 or more to an animal shelter or equivalent organization. Only one discount applies per engagement; discounts do not stack. Just tell us the reason when you pay. We invoice the full amount, and you pay 90%.
Talk With Us
To get started, complete our secure estate planning intake form, and one of our attorneys will follow up with you. You can also call us at (859) 444-4695 or contact our office. Wolfe & Houlehan PLLC is located at 226 N. Upper St., Lexington, Kentucky 40507.