Will In County
Wills must be:
Admitted for probate in the district court of the county 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.
The County Clerk shall retain the original 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.