Kentucky does not certify specialties in legal fields.      


KRS 394.040   Requisites of a Valid Will

No will is valid unless it is in writing with the name of the testator subscribed thereto by himself, or by some other person in his presence and by his direction. If the will is not wholly written by the testator, the subscription shall be made or the will acknowledged by him in the presence of at least two (2) credible witnesses, who shall subscribe the will with their names in the presence of the testator, and in the presence of each other.

KRS 394.020    Persons competent to make -

- What may be disposed of.

Any person of sound mind and eighteen (18) years of age or over may by will dispose of any estate, right, or interest in real or personal estate that he may be entitled to at his death, which would otherwise descend to his heirs or pass to his personal representatives, even though he becomes so entitled after the execution of his will.

Intestate descent

At death, personal property and real estate passes to ones heirs or beneficiaries according to the Kentucky laws of intestate descent if there is no valid Will.   A Petition to be appointed administrator of an intestate estate may be taken to Probate Court by qualified relatives or persons.

Consultation on Wills, Trusts and and Probate matters are confidential.

Call 502-758-0936

“The dominion of an owner over his property ends at his death. If the owner has chosen to dispose of it by will the property passes according to the terms of the will.

Otherwise, the property devolves as provided by law in order that there may be an orderly devolution of property.

Ordinarily this is accomplished by a statute of descent and distribution in which the persons to take the estate are designated.”

Ryburn v. First Nat. Bank of Mayfield, 399 S.W.2d 313 (Ky. 1965)

Wills, Trusts and Estates

Careful drafting of a Will or Trust documents ensures that your property and real estate will pass to persons or entities that you select upon your death. 

Will contests result where the language of the document is susceptible of more than one interpretation as to who was meant to be the proper beneficiary of the deceased’s property

Planning for lapsed bequests and after acquired property require careful drafting.

A Trust  is formed by a written document  being a contract between the property owner or settlor and an appointed executor  to act as a fiduciary in the event of the settlor’s death or disability, and then to hold and dispense property for the benefit of named third party beneficiaries. Executors are typically granted broad powers to manage and invest property and funds to maintain or increase the value of the Trust assets during the life of the Trust and serve the intent of the Settlor to  provide for himself in disability or the named beneficiaries upon death.

© 2010 C. H. Hixson all rights reserved


1336 Hepburn Avenue

Louisville, KY 40204



Clarence H. Hixson

Attorney at Law

Probating the Testate Estate and  Estate Litigation