Wills

Requesting a copy of a document filed with the County Clerk's Office *must* be sent to us in writing. It will need to include the name of grantor/grantee along with the book and page number and recorded date. All copies are $1.50 excluding mortgages and certified copies. Mortgages are $5.00 and certified copies are $5.00 for the first three pages and $.50 each additional page.

Contesting a Will

Any person aggrieved by the action of the District Court in admitting a will to record of rejecting it may bring an original action in the Circuit Court of the same county to contest the action of the District Court. Such action shall be brought within two (2) years after the decision of the District Court. The parties may, in the same action, or in a separate action if the validity of the will is not in issue, seek construction, interpretation or reformation of a will.

Upon filing an adversary proceeding in Circuit Court in matters involving probate whether in a testate or intestate proceeding or an action pursuant to subsection (1) or this section, the plaintiff shall forthwith lodge a notice of the action if the office of the County Clerk of the county in which the will was admitted to probate or rejected, or if in an intestate estate in the office of the County Clerk of the county in which the estate was probated.

The notice must have the following requirements:

  • State the name of the testator (deceased)
  • The style of the action
  • The court in which the action has been filed
  • The file number assigned to the action by the clerk of the court in which it has been filed
  • The nature of the action
  • The date on which the action was commenced.

The notice must be signed by the plaintiff or his attorney. The signature does not have to be notarized.

The County Clerk shall record and index said notice as if it were a will, therefore regardless of the number of pages the cost is $8.00 to record. The first party is the name of the deceased.

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Wills KRS 394.300

Wills must be admitted for probate in the District Court of the county and contain a probate certificate before they can be recorded. The document should be recorded in the order required, i.e., the probate page first and then the will.

The County Clerk shall retain the original copy of the will permanently.

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Wills-Disclaimer

Filed in the District Court, however if real property or an interest therein is disclaimed, an attested copy of the disclaimer from District Court may be recorded in the office of the County Clerk of the county in which the real estate is situated (KRS 394.620).

The clerk shall request a return mail address (KRS 382.240).

Disclaimers are filed in the Will Book and are indexed under the deceased name.

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Wills-Out of County

The clerk may record wills probated in another Kentucky county if an attested or certified copy of the will and order of probate from the County Clerk in the county where the will was originally filed is presented (KRS 394.300).

The County Clerk shall retain the original, certified or attested copy of the will permanently.

IMPORTANT (To Clerks): KRS 394.300 states “Every will or authenticated copy admitted to record by any court shall be recorded by the county clerk, and remain in his/her office, except during such time as it may be carried to another court under subpoena duces tecum.” This means that after a will has been recorded the clerk is to retain the will in a secure environment. If a customer wants to see the will, the customer must use the book, microfilm etc. as with all other documents. The only time the “original will” is used is by court order. The clerk should maintain a receipt in the will file stating where the “original will” is until the document has been returned.

Prior to 1978 probate orders were not required. If a certified copy of a will from another county is presented for recording prior to 1978, do not expect it to have a probate order.

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Wills- Out of State KRS 394.150

The recording requirements for an out of state will are as follows:

Before recording an out of state will, the County Clerk or deputy must insure the will has been processed through the KENTUCKY Probate Court in their county and has a certificate of probate from their county. The will must be authenticated or exemplified copy of the will and include the probate certificate from the resident state. The Kentucky Probate Certificate is required along with the authenticated copy of the will and certificate of probate (from the resident state) to be recorded in the county clerk’s office. KRS 394.150

The clerk may record an out of state will that was probated and recorded in another Kentucky county, if an attested or certified copy of the will and order of probate from the county clerk in the county where the will was originally filed is presented, KRS 394.300 and OAG 94-48

Recording Requirements: KRS 394.150

  • Kentucky Probate Certificate
  • Authenticated Copy of the Will
  • Certificate of Probate (from the resident state)

The County Clerk shall retain the original copy of the will permanently.