§ 394.010 “Will” defined
§ 394.020 Persons competent to make — What may be disposed of
§ 394.030 Minor can make will, when
§ 394.035 Uniform disclaimer of transfers under nontestamentary instruments
§ 394.040 Requisites of a valid will
§ 394.060 Devise or bequest extends to an execution of power
§ 394.065 Validity of trust, devise or legacy not affected by specified provisions
§ 394.070 Appointment by will in exercise of a power — When valid
§ 394.076 Uniform testamentary additions to trust act
§ 394.080 Revocation of will — How effected
§ 394.090 Nonrevocation of will by marriage of testator
§ 394.092 Effect of divorce or annulment of marriage of testator
§ 394.100 Revoked will may be revived, how
§ 394.120 Validity of nonresident’s will
§ 394.130 Will not admissible as evidence until probated — Effect of probate
§ 394.140 Will probated in District Court — Venue
§ 394.145 Application for probate of will
§ 394.150 Probate of nonresident’s will
§ 394.160 Court may compel production of a will
§ 394.170 Propounder of will may have interested parties summoned
§ 394.180 Court may order interested parties summoned
§ 394.190 Summons or warning order — Persons under disability
§ 394.200 Creditors and executors are competent witnesses
§ 394.210 Attesting witness — Effect of subsequent incompetency of or devise to
§ 394.220 Court may probate will without summoning parties
§ 394.225 Self-proved will
§ 394.230 Deposition of subscribing witness — When and how may be taken
§ 394.235 Proof of will where witnesses unavailable
§ 394.240 Actions in Circuit Court — Time in which to be brought — Filing notice of proceeding
§ 394.250 When action in circuit court stays proceedings under will — Court may stop distribution
§ 394.260 Proceedings in Circuit Court
§ 394.270 Evidence given on probate may be read at trial
§ 394.280 Nonresidents, persons not parties and infants may have retrial — Time — Extent of
§ 394.295 Vacation or modification of judgment upon discovery of later will
§ 394.300 Recording of wills
§ 394.310 Original will may be withdrawn from court, when
§ 394.330 Will speaks as of time testator dies
§ 394.340 General devise of land includes all interests therein owned by testator
§ 394.350 Conveyance or act subsequent to will — Effect as to interest owned at death
§ 394.360 Conversion or removal of devised property not an ademption unless intended
§ 394.370 Advancement, when deemed satisfaction of devise
§ 394.382 Share of pretermitted child
§ 394.400 Issue of dead devisee or legatee take parent’s share
§ 394.410 Death of part of group of devisees before testator — Children includes grandchildren
§ 394.420 Contribution, when devised estate used for payment of testator’s debt
§ 394.430 Residuary and other legatees not entitled to contribution
§ 394.440 Specific and general devises — Distinction
§ 394.450 Contribution when title to estate devised to heir fails
§ 394.460 Posthumous child — How share made up
§ 394.470 Posthumous child to make contribution
§ 394.480 Contribution when curtesy or dower taken from devise
§ 394.490 Law as to property devised subject to lien
§ 394.510 Obligee has lien on devise charged with obligation
§ 394.520 Specific legacy — When payable
§ 394.530 Purchaser of trust estate — When required to see to application
§ 394.540 Contract to make a will, not to revoke a will or to die intestate
§ 394.550 Stock legacy to include split shares, dividends, and shares issued in merger and exchange
§ 394.610 Right to disclaim succession
§ 394.620 Time and place of filing disclaimer
§ 394.630 Effect of disclaimer
§ 394.640 Waiver and bar
§ 394.650 Exclusiveness of remedy
§ 394.670 Uniformity of application and construction
§ 394.680 Short title

Terms Used In Kentucky Statutes > Chapter 394

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
    (a) Sending the document or package. See Kentucky Statutes 446.010
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Donee: The recipient of a gift.
  • Dower: A widow
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Intestate: Dying without leaving a will.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • last will: means last will and testament. See Kentucky Statutes 446.010
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Personal estate: includes chattels, real and other estate that passes to the personal representative upon the owner dying intestate. See Kentucky Statutes 446.010
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Statute: A law passed by a legislature.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Year: means calendar year. See Kentucky Statutes 446.010