Ky. Rev. Stat. » Chapter 394
Kentucky Revised Statutes

Ky. Rev. Stat. § 394.130 (2026)

Will not admissible as evidence until probated -- Effect of probate

✓ current as of May 2026
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No will shall be received in evidence until it has been allowed and admitted to record by a District Court; and its probate before such court shall be conclusive, except as to the jurisdiction of the court, until superseded, reversed or annulled. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 355, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4852.

Notes of Decisions
Cited in 7 cases, 1943–1968 · leading case: Payne v. Chenault, 343 S.W.2d 129 (Ky. Ct. App. 1960).
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Payne v. Chenault, 343 S.W.2d 129 (Ky. Ct. App. 1960). “Appeals to this court from both actions of the circuit court have been consolidated for joint disposition.”
Hensley v. O'Forest, 233 S.W.2d 996 (Ky. Ct. App. 1950). · cites it 2× “_ “The county court has jurisdiction to probate wills, * * KRS 394.130. “No will shall be received in evidence until it has been allowed and admitted to record by a county court; and its probate before such court shall be conclusive, except as to the jurisdiction of the court,…”
Strother v. Day, 279 S.W.2d 785 (Ky. Ct. App. 1955). “KRS 394.130, concerning an order of the county court, is of like effect.”
Rogers v. Leahy, 176 S.W.2d 93 (Ky. Ct. App. 1943). “KRS 394.130 recites: “No will shall be received in evidence until it has been allowed and admitted to record by a county court; and its probate before such court shall be conclusive, except as to the jurisdiction of the court, until superseded, reversed or annulled.”
Panke v. Panke, 252 S.W.2d 909 (Ky. Ct. App. 1952). “Panke died March 2, 1950, and Ernest Panke thereafter brought this suit for the division of her property between him and his sister. Esther Panke set up as. a defense certain writings which she contended constituted the last will of Callye C.”
Hoagland v. Fish, 238 S.W.2d 133 (Ky. Ct. App. 1951). “KRS 394.130. The right to probate a will, whether it be of a resident or non-resident of the state, is barred by the ten year statute of limitations when it is interposed.”
Schmitt v. Kentucky Trust Co. of Louisville, 429 S.W.2d 839 (Ky. Ct. App. 1968). “395 in that KRS 394.130 provides that the admission of a will to probate by a county court “shall be conclusive, except as to jurisdiction of the court, until superseded, reversed or annulled.”
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