When any will is offered for probate, the court shall require a verified application to be
filed by the person offering the same. Such application shall state the residence of the
testator at the time of his death and such other facts as may be necessary to establish the
jurisdiction of the court, and the names, ages and post office addresses of the testator's
surviving spouse and, if required by the court, heirs at law, or such as are known. An
application for probate and for appointment as executor or administrator with the will
annexed may be combined in one (1) application.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 357, effective January
2, 1978. -- Amended 1972 Ky. Acts ch. 168, sec. 10. -- Amended 1968 Ky. Acts ch.
200, sec. 6. -- Created 1942 Ky. Acts ch. 167, sec. 6.
Notes of Decisions
Cited in
4
cases (
3 in the last 5 years), 1968–2024 · leading case:
Dennison v. Roberts, 439 S.W.2d 577 (Ky. Ct. App. 1968).
Dennison v. Roberts, 439 S.W.2d 577 (Ky. Ct. App. 1968).
“Of course, a will contest differs from the ordinary appeal because there might be no pleadings in the county court other than the verified application required under KRS 394.145, while there would be complete pleadings in the usual case in an inferior court.”
Suzanne McGaha v. Damon McGaha (Ky. Ct. App. 2021).
· cites it 2× “KRS 394.145 specifically provides: “When any will is offered for probate, the court shall require a verified application to be filed by the person offering the same.”
June McGaha v. Suzanne McGaha (Ky. 2022).
· cites it 2× “And the same statute requires that adversarial probate proceedings must be filed in the circuit court.”
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