Legal Question in Wills and Trusts in Kentucky

Will

How do I locate the will of my deceased father?


Asked on 2/22/07, 2:36 pm

2 Answers from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Will

This depends on whether the estate has been probated. I am going to assume that it has not. If you are certain a will was made, then your father should have told someone (usually the executor) where it was located. Did your father have an attorney that he did business with? If so, that attorney may have drafted the will and have a copy of it.

If you discover that someone has the will but is not probating it, KRS 394.160 gives district court authority to command its production.

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Answered on 2/22/07, 10:44 pm
Philip Owens Philip M. Owens, Attorney at Law

Re: Will

If the will has been probated, you can go to the District Court Clerk in the county of his residence or the county court clerk where copies are maintained. If it was not probated, then it could be anywhere but nowhere official. In Kentucky there is no provision for recording wills prior to the death of the maker except that folks can place them with the County Clerk for safekeeping. You would not be able to read the will without a court order in that case.

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Answered on 2/22/07, 4:57 pm


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