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Most of the trouble we see in Madison County estates traces back to the will — one that was never made, one that was signed wrong, one that was revoked without anyone realizing it, or one that nobody can find. Bunch & Brock’s probate attorneys have drafted and probated Kentucky wills since 1976 and regularly represent Richmond and Berea families in the Madison District Court. Call (859) 254-5522.
Our office is in Lexington, about twenty-five minutes north on I-75. Most of a probate matter is handled through filings, phone, and email, and we meet Madison County clients in person whenever the matter calls for it. Whether you are settling a parent’s estate, holding a will you are not sure is valid, or want to make one that will hold up, this page explains what Kentucky law requires and how we help.
What Makes a Will Valid in Kentucky
Kentucky’s requirements are short, and they are strictly applied by the Madison District Court:
- Age and capacity. The person making the will must be at least 18 and of sound mind.
- In writing and signed. The will must be in writing and signed by the testator, or by someone else at the testator’s direction and in the testator’s presence.
- Two witnesses — unless it is handwritten. If the will is not entirely in the testator’s own handwriting, the testator must sign or acknowledge it in the presence of at least two credible witnesses, who sign in the testator’s presence. A will written entirely in the testator’s hand and signed needs no witnesses at all.
- Electronic wills are now valid in Kentucky if they meet the requirements of the Uniform Electronic Wills Act, including two Kentucky-resident witnesses physically located in Kentucky.
Notarization is not a requirement. What a notary adds is a self-proving affidavit, which lets the court admit the will without tracking down the witnesses years later. Every will we prepare is self-proved.
Two rules trip up homemade wills more than any others. First, a beneficiary who serves as a witness does not invalidate the will, but the gift to that witness (or the witness’s spouse) is void unless the will can be proved without them — so a will witnessed by the two children who inherit under it can leave those children with nothing more than an intestate share. Second, a will does not have to be dated to be valid, but an undated will among several versions invites a fight over which one is last.
What Undoes a Will
A valid will stays valid until something specific happens. Under Kentucky law, a will or any part of it can be revoked only by:
- a later will or codicil;
- a signed writing declaring the intent to revoke, executed with the same formalities as a will; or
- the testator, or someone at the testator’s direction and in their presence, physically cutting, tearing, burning, obliterating, canceling, or destroying the will with intent to revoke it.
Two life events have special rules. Divorce or annulment automatically revokes every provision in favor of the former spouse, unless the will says otherwise, and the will is read as if the former spouse had died first. Marriage does not revoke a will in Kentucky — which surprises many people, and which is why a will made before a marriage should be revisited afterward. A child born or adopted after the will was made and not provided for in it may be entitled to an intestate share.
A revoked will is not revived simply because the later will is torn up; reviving it requires re-executing it. If you have a stack of old wills at home, the safest course is to sign a new one and destroy the rest.
Lost Wills, Late Wills, and No Will at All
The will cannot be found. A will known to have existed but missing at death is presumed revoked if it was last in the testator’s possession. That presumption can be overcome, and a copy may be admitted, but only with evidence — which is why an original should be kept where the executor can find it. Kentucky law also lets the District Court compel anyone believed to be holding a will to produce it.
The will was found years later. A personal representative may be appointed up to ten years after death, and a will discovered after an estate has been administered without it can be presented to the court. The sooner it is presented, the simpler the correction.
There is no will. The estate passes under Kentucky’s intestate succession statute, rewritten effective July 15, 2026, and the surviving spouse’s share depends on whether the decedent had children from outside the marriage. We explain that scheme on our Nicholasville page and handle intestate estates throughout Madison County.
Someone says the will is invalid. A will contest is a separate lawsuit in Madison Circuit Court, subject to strict time limits. Our lead litigator, Matthew Bunch, handles those on both sides.
Wills for Younger Families in Richmond and Berea
Madison County is home to two universities and a large number of young families, and the will they need is different from their parents’. For a couple with minor children, the most important clause in the will is the one that names a guardian for the children — the person who will raise them and, if a separate conservator is not named, manage what they inherit. Kentucky allows a parent to make that nomination by will, and the District Court gives it substantial weight. Without it, the court decides.
Because any property left outright to a minor must be managed by a court-appointed conservator until age 18, we usually pair the will with a trust for the children’s inheritance so a trusted adult can manage it without court supervision and past the age of 18 if the parents prefer. A will, a guardianship nomination, a financial power of attorney, and health care directives can be completed in a single meeting, and for most young families they cost less than they expect.
How We Help Madison County Families
- Probating wills and administering estates in the Madison District Court, from appointment through final settlement
- Advising on whether a will you are holding is valid, has been revoked, or can be probated from a copy
- Small-estate petitions for estates that qualify under KRS 395.455, usually for a flat fee and without a client court appearance
- Wills, guardianship nominations, trusts for minor children, revocable trusts, financial powers of attorney, living wills, and health care surrogate designations
- Updating wills after marriage, divorce, a new child, or a move to Kentucky
- Will contests and estate disputes, in coordination with our litigation practice
Frequently Asked Questions from Madison County Clients
Is a will from another state valid in Kentucky? Generally, yes, if it was valid where it was made or where the testator lived. But it is worth reviewing after a move: the executor, the guardian nomination, and the tax and property assumptions behind it may no longer fit.
Is a handwritten will valid in Kentucky? Yes, if it is entirely in the testator’s handwriting and signed. It needs no witnesses. It also has no self-proving affidavit, so the handwriting must be proved after death, and it is the format most likely to be ambiguous or incomplete.
Does my will need to be notarized? No. Notarization is for the self-proving affidavit, which makes the will easier to admit. A will with two witnesses and no notary is still valid.
I got divorced but never changed my will. Does my ex still inherit? No. Kentucky law revokes every provision in favor of a former spouse upon divorce or annulment. But the rest of the will stands, and a will that named your former spouse as executor or as guardian of the children may now have gaps. Update it.
Is there a deadline to probate a will in Kentucky? A personal representative may be appointed up to ten years after death. That is not a reason to wait: creditors’ rights, title to property, and the availability of witnesses all get worse with time.
Does Bunch & Brock have an office in Richmond? No. Our office is in Lexington, about twenty-five miles north. We have represented Madison County families for decades and appear in the Madison District Court regularly.
Call Our Richmond Probate Attorneys
Bunch & Brock was founded in Lexington in 1976 by Kentucky attorneys W. Thomas Bunch and Dan D. Brock, Jr., and is in its fiftieth year of serving Central Kentucky. Mr. Bunch’s sons, Tom Bunch II and Matthew Bunch, carry the practice forward today. When you call, you speak with an attorney — and the attorney you meet is the one who handles your matter.
Whether you are settling an estate in Madison County, holding a will you have questions about, or ready to make one, call (859) 254-5522 or contact us online.
This page is provided for general information and is not legal advice. Kentucky probate law changed substantially on July 15, 2026, and the rules that apply depend on the date of death. Please consult an attorney about your specific situation.
Our Probate Attorneys
Attorney Tom Bunch II — Tom’s practice centers on Kentucky probate and estate administration, estate planning, and debtor-creditor matters, with extensive experience in Chapter 7, 11, 12, and 13 bankruptcy cases. He drafts wills and trusts for families at every stage and administers estates of every size. Attorney bio
Attorney Matthew Bunch — Matt is the firm’s lead litigator and handles will contests, lost-will and revocation disputes, trust and estate litigation, and complex bankruptcies and debt restructuring. Attorney bio
Attorney Matthew Bunch
Matt handles complicated bankruptcies and debt restructuring in Chapters 11 and 13 for both individuals and companies. He has also negotiated with multiple creditors on behalf of his clients to avoid bankruptcy. Matt is the firm’s lead litigator and handles contract disputes, certain personal injury claims and general litigation. [ attorney bio ]
