Legal Question in Wills and Trusts in Kentucky

Re: Copy of will

The exact answer depends on whether any action has occurred to probate the estate. However, the general answer is yes, there are options for you.

The question is not whether a will existed; the real question is whether that will was revoked. This is a question for the court to decide. The absence of the original will creates a presumption that it was revoked but this presumption can be overcome. If the court finds that the will was not revoked, then the copy can be admitted into evidence to show its provisions.

If nothing is proceeding in probate, then apply to probate the will and have the family summoned.

If the district court proceeding is in process, then seek to intervene. If the court denies this or has already acted then there is a two week period where an original action can be filed in circuit court challenging the district court decision.

If that two weeks has passed, there still may be grounds for challening the decision and proving your will.