Will Out of State

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)

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.

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