Kentucky Revised Statutes

Ky. Rev. Stat. § 387.040 (2026)

Appointment by will

✓ current as of May 2026

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The last surviving parent of a minor may by will nominate a guardian, or alternatively a limited guardian, or conservator, or both, for the minor. One (1) person or entity may be nominated to manage the minor's financial resources and another to have care, custody, and control of the minor. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 487, sec. 5, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2016.

Notes of Decisions

Cited in 2 cases, 2010–2010 · leading case: Branham v. Stewart, 307 S.W.3d 94 (Ky. 2010).

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Branham v. Stewart, 307 S.W.3d 94 (Ky. 2010). · cites it 4× “070 require surety on bonds posted by guardians unless the guardian is the surviving parent of a child nominated as guardian by the deceased parent's will (and the will does not require surety) under KRS 387.040 or the money is deposited in a restricted account under KRS 387.”

Ralph Gentry v. Commonwealth of Kentucky (Ky. 2010). “(3) (a) If the person or entity appointed by the District Court as guardian or conservator is a person or entity nominated pursuant to KRS 387.040, and the will of the parent making the nomination requests no surety on the bond of the guardian or conservator, no surety shall be…”

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