Wills Disclaimers and Renunciation

KRS 394.300

Wills must be:
Admitted for probate in the district court of thecounty 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.

Indexing information: Wills are indexed in the Index to Wills and filed in the Will Book. Index the name of the deceased as the first party.

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

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).

Indexing information: Wills are indexed in the Index to Wills and filed in the Will Book. Index the name of the deceased as the first party.

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

Important note 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 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.

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 an 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)

Indexing information: Wills are indexed in the Index to Wills and filed in the Will Book. Index the name of the deceased as the first party.

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

DISCLAIMERS – WILL KRS 394.620

Disclaimers shall be:
Filed in 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.

RENUNCIATION OF A WILL – KRS 392.080

The surviving spouse is the only person that is eligible to renounce a will under this statute. The document must be recorded within six months after the will is probated and acknowledged before and left for record with the county clerk or his authorized deputy in the county where probate was made, or acknowledged before a subscribing witness and proved before and left with the county clerk or his authorized deputy.

This means there are two methods to renounce a will.

1. The person renouncing the will must sign the document in front of the county clerk or deputy clerk AND the county clerk or deputy must provide a written acknowledgement AS PART OF THE DOCUMENT.

2. The person renouncing the will must sign the document before a subscribing witness AND the witness must provide a written acknowledgement AS PART OF THE DOCUMENT AND the witness must sign the document before the county clerk AND the county clerk must provide a written acknowledgement AS PART OF THE DOCUMENT. (KRS 392.080)

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

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

NOTICE OF CONTEST KRS 394.240
AKA CONTESTING A WILL

(To be filed in the Will Book and maintained as an original will)

394.240 ACTIONS IN CIRCUIT COURT; TIME IN WHICH TO BE BROUGHT; FILING NOTICE OF PROCEEDING

Any person aggrieved by the action of the district court in admitting a will to record or 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) of this section, the plaintiff shall forthwith lodge a notice of the action in 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 field
  • 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 plaintiff or his attorney. The signature does not have to be acknowledged or 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.

The original of this document must be kept with the original wills maintained by the clerk’s office.

Debbie Jones
Boyd County Clerk

Boyd County Courthouse
2800 Louisa St.
Catlettsburg, Ky. 41129

Phone: (606) 739-5116
Fax:
Email: debbiejones@zoominternet.net

Branch Offices
Cedar Knoll Mall
Phone: (606) 929-9595

Ashland Office
335 16th Street
Ashland, Ky. 41101
Phone: (606) 325-3547