Is an Online Will Legal in Kentucky?

An online service can prepare a valid Kentucky will. The standard paper path is KRS 394.040: the testator subscribes the will (or acknowledges it) before two credible witnesses present together, who sign in the presence of the testator and of each other. A will wholly in the testator's handwriting and signed needs no witnesses. Since July 15, 2026 Kentucky ALSO recognizes electronic wills under KRS 394.700 to 394.715, with witnesses allowed to attend by real-time video if each is a Kentucky resident physically in Kentucky, and an online-notary route for self-proof.

Published: August 16, 2026Statutes verified: August 16, 2026

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid Kentucky will.

Sign it fully remotely

Recognized

Whether Kentucky recognizes an electronic will executed without an in-person paper signing.

What this means for you

The electronic act only governs the will of someone who dies on or after July 15, 2026, and its signatures must be electronic images of handwritten signatures, not typed names, so the printed-and-witnessed paper will remains the safest default. On paper, keep everyone together: Kentucky requires the witnesses to sign in the presence of the testator and of each other, and adding the KRS 394.225 self-proving certificate before a notary avoids tracking down witnesses at probate.

What Kentucky Law Requires

The governing law is KRS Chapter 394 (Wills); electronic wills at KRS 394.700 to 394.715 (Uniform Electronic Wills Act, effective July 15, 2026). Each rule below links to the official source it was read from.

Requirement	The Kentucky rule	Statute
Who can make a will	Age 18 or older, sound mind.	KRS 394.020
Written document	Required.	KRS 394.040
Signature	The testator signs. The testator's name may be subscribed by some other person in the testator's presence and by the testator's direction.	KRS 394.040
Witnesses	2. If the will is not wholly written by the testator, the subscription must be made, or the will acknowledged by the testator, in the presence of at least two credible witnesses, who must subscribe the will with their names in the presence of the testator AND in the presence of each other.	KRS 394.040
Notarization	Not required for validity. A self-proving affidavit is optional and speeds probate.	KRS 394.225

Signing Day in Kentucky

If the will is not wholly written by the testator, the subscription must be made, or the will acknowledged by the testator, in the presence of at least two credible witnesses, who must subscribe the will with their names in the presence of the testator AND in the presence of each other.

Kentucky's paper-will statute requires the witnesses to sign in each other's presence as well as the testator's, so the signing should happen at one sitting with everyone together. Creditors and executors are competent witnesses (KRS 394.200). A will acknowledged or subscribed before two witnesses at the same time may later be proved by the testimony of just one of them (KRS 394.210(3)).

The self-proving step worth adding

A self-proved will may be admitted to probate without the testimony of any subscribing witness, but is otherwise treated no differently from a will not self-proved (KRS 394.225(4)). For an ELECTRONIC will, self-proof requires a notary public and, when fewer than two attesting witnesses are physically present with the testator at signing, an online notary authorized under KRS 423.455 (KRS 394.710(2)). Timing: at execution (simultaneous execution, attestation, and self-proof) or at any time after execution.

Choose witnesses carefully

If a will is attested by a person to whom, or to whose wife or husband, a beneficial interest is devised or bequeathed, and the will cannot otherwise be proved, that person is deemed a competent witness, but the devise or bequest is void, except that a witness who would have been entitled to a share of the estate had the will not been established receives so much of that share as does not exceed the value of what was devised or bequeathed (KRS 394.210(2)).

Shortcuts Kentucky Does and Does Not Recognize

Handwritten (holographic) wills

Yes

Wholly written by the testator with the testator's name subscribed to it by the testator. The KRS 394.040 two-witness requirement applies only to a will NOT wholly written by the testator, so a fully handwritten, signed will needs no witnesses.

A partly typed or preprinted document is not wholly written by the testator and falls under the two-witness rule. (KRS 394.040)

Oral wills

KRS 394.040 requires every will to be in writing with the testator's name subscribed to it, and Chapter 394 contains no nuncupative-will provision. (KRS 394.040)

Electronic wills

Yes

Kentucky enacted the Uniform Electronic Wills Act by 2026 Ky. Acts ch. 134, effective July 15, 2026, and it applies to the will of a decedent who dies on or after July 15, 2026 (KRS 394.715). The electronic will must be a record readable as text at signing. The signature rule has a Kentucky twist: an electronic symbol of the testator or a witness must consist of an electronic IMAGE of that person's handwritten signature affixed to the will (KRS 394.706(2)), so a typed name or generic click-to-sign process does not satisfy the statute. Self-proof at execution runs through a notary, with an online notary under KRS 423.455 required when fewer than two witnesses are physically with the testator (KRS 394.710). (KRS 394.700 to 394.715)

Remote witnessing: allowed within the statute’s conditions. The two witnesses may sign in the physical or ELECTRONIC presence of the testator ('electronic presence' means individuals in different locations communicating in real time, KRS 394.700(2)), but each witness must be a resident of Kentucky and physically located in Kentucky at the time of signing, and must sign within a reasonable time after witnessing the signing or the testator's acknowledgment (KRS 394.706(1)(c)). A proxy signing the testator's name must be in the testator's PHYSICAL presence (KRS 394.706(1)(b)).

A Will Signed in Another State

The will of a person domiciled outside Kentucky at death is valid as to personal property AND real property in Kentucky if it is executed according to the law of the place where the testator was domiciled (KRS 394.120). No statute validates a will by the law of the place of EXECUTION, so a Kentucky domiciliary's will must satisfy KRS 394.040 (or, for decedents dying on or after July 15, 2026, the electronic-wills act) even if signed elsewhere; Kentucky's recognition of wholly handwritten wills covers many informal instruments. (KRS 394.120)

Keep Going

The full Kentucky will-requirements guide covers capacity, revocation, and what happens when formalities fail.
Kentucky estate planning sets the will beside the other documents a complete plan needs.
A Kentucky revocable living trust is the main alternative when avoiding probate is the goal.

Frequently Asked Questions

Can I make my will online in Kentucky?

Does a Kentucky will need to be notarized?

No. Notarization is not required for a valid Kentucky will. The optional self-proving step under KRS 394.225 makes probate easier: A self-proved will may be admitted to probate without the testimony of any subscribing witness, but is otherwise treated no differently from a will not self-proved (KRS 394.225(4)). For an ELECTRONIC will, self-proof requires a notary public and, when fewer than two attesting witnesses are physically present with the testator at signing, an online notary authorized under KRS 423.455 (KRS 394.710(2)).

How many witnesses does a Kentucky will need?

2. If the will is not wholly written by the testator, the subscription must be made, or the will acknowledged by the testator, in the presence of at least two credible witnesses, who must subscribe the will with their names in the presence of the testator AND in the presence of each other. (KRS 394.040)

Are handwritten (holographic) wills valid in Kentucky?

Yes. Wholly written by the testator with the testator's name subscribed to it by the testator. The KRS 394.040 two-witness requirement applies only to a will NOT wholly written by the testator, so a fully handwritten, signed will needs no witnesses. A partly typed or preprinted document is not wholly written by the testator and falls under the two-witness rule. (KRS 394.040)

Are electronic wills legal in Kentucky?

Yes. Kentucky enacted the Uniform Electronic Wills Act by 2026 Ky. Acts ch. 134, effective July 15, 2026, and it applies to the will of a decedent who dies on or after July 15, 2026 (KRS 394.715). The electronic will must be a record readable as text at signing. The signature rule has a Kentucky twist: an electronic symbol of the testator or a witness must consist of an electronic IMAGE of that person's handwritten signature affixed to the will (KRS 394.706(2)), so a typed name or generic click-to-sign process does not satisfy the statute. Self-proof at execution runs through a notary, with an online notary under KRS 423.455 required when fewer than two witnesses are physically with the testator (KRS 394.710). (KRS 394.700 to 394.715)

Is a will made in another state valid in Kentucky?

Generally yes, within the statute’s terms. The will of a person domiciled outside Kentucky at death is valid as to personal property AND real property in Kentucky if it is executed according to the law of the place where the testator was domiciled (KRS 394.120). No statute validates a will by the law of the place of EXECUTION, so a Kentucky domiciliary's will must satisfy KRS 394.040 (or, for decedents dying on or after July 15, 2026, the electronic-wills act) even if signed elsewhere; Kentucky's recognition of wholly handwritten wills covers many informal instruments. (KRS 394.120)

SourcesOfficial references used for this page

Verified against KRS Chapter 394 (Wills); electronic wills at KRS 394.700 to 394.715 (Uniform Electronic Wills Act, effective July 15, 2026) on August 16, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Kentucky can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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