Will 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).

The County Clerk shall retain the orginal, 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.

Fee Schedule