Download as PDF
394.225 Self-proved will.
(1)
Any will may be simultaneously executed, attested, and made self-proved, by
acknowledgment thereof by the testator and affidavits of the witnesses, each made
before an officer authorized to administer oaths under the laws of this state and
evidenced by the officer's certificate, in substantially the following form:
I, __________________, the testator, sign my name to this instrument this ____ day
of ____________, 19____, and being first duly sworn, do hereby declare to the
undersigned authority that I sign and execute this instrument as my last will and that I
sign it willingly (or willingly direct another to sign for me), that I execute it as my free
and voluntary act for the purposes therein expressed, and that I am eighteen (18) years of
age or older, of sound mind, and under no constraint or undue influence.
__________________________________
(Testator)
We, ________________, _________________, the witnesses, sign our names to
this instrument, being first duly sworn, and do hereby declare to the undersigned authority
that the testator signs and executes this instrument as his last will and that he signs it
willingly (or willingly directs another to sign for him), and that each of us, in the presence
and hearing of the testator and in the presence of the other subscribing witness, hereby
signs this will as witness to the testator's signing, and that to the best of our knowledge
the testator is eighteen (18) years of age or older, of sound mind, and under no constraint
or undue influence.
__________________________________
(Witness)
__________________________________
(Witness)
THE STATE OF _______________
COUNTY OF _________________
Subscribed, sworn to and acknowledged before me by ______________, the
testator and subscribed and sworn to before me by ________________, and
________________, witnesses, this _____ day of ____________.
(Signed)_________________________________________
(Signed)_________________________________________
(OFFICIAL CAPACITY OF OFFICER)
(2) An attested will may, at any time subsequent to its execution, be made self-proved,
by the acknowledgment thereof by the testator and the affidavits of the witnesses,
each made before an officer authorized to administer oaths under the laws of this
state, and evidenced by the officer's certificate, attached or annexed to the will in
form and content substantially as follows:
THE STATE OF _______________
COUNTY OF _________________
Before me, the undersigned authority, on this day personally appeared
______________________ and ____________________ known to me to be the testator
and the witnesses, respectively, whose names are signed to the attached or foregoing
instrument and, all of these persons being by me first duly sworn. _________________,
the testator, declared to me and to the witnesses in my presence that the instrument is his
last will and that he had willingly signed or directed another to sign for him, and that he
executed it as his free and voluntary act for the purposes therein expressed; and each of
the witnesses stated to me, in the presence and hearing of the testator, that he signed the
will as witness in the presence of the testator and of the other subscribing witness, and
that to the best of his knowledge the testator was eighteen (18) years of age or over, of
sound mind and under no constraint or undue influence.
___________________________________
(Testator)
___________________________________
(Witness)
___________________________________
(Witness)
___________________________________
(Witness)
Subscribed, sworn and acknowledged before me by ____________________, the testator,
subscribed and sworn before me by ________________________ and
_________________, witnesses, this _____ day of _______________, A.D.,
________________
_________________________________
(OFFICIAL CAPACITY OF OFFICER)
(3) The execution of an acknowledgment of a will by a testator, and of the affidavits of
witnesses, made before an officer authorized to administer oaths under the laws of
this state and evidenced by the officer's certificate substantially in the form set out
in this section during the period between June 21, 1974, and the effective date of the
1982 amendments to this section shall be considered to be a valid execution and
attestation of a written will even though the will was not signed and attested
separately from the execution of the acknowledgment by the testator and the
affidavits of the witnesses.
(4) A self-proved will may be admitted to probate without the testimony of any
subscribing witness, but otherwise treated no differently from a will not self-proved.
Effective: July 15, 1982
History: Amended 1982 Ky. Acts ch. 75, sec. 1, effective July 15, 1982. -- Amended
1980 Ky. Acts ch. 259, sec. 11, effective July 15, 1980. -- Created 1974 Ky. Acts ch.
299, sec. 1.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
