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

Ky. Rev. Stat. § 394.150 (2026)

Probate of nonresident's will

✓ current as of May 2026
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When a will of a nonresident has been proved out of the state, an authenticated copy and the certificate of probate may be offered for probate in this state. When such copy is offered the court shall presume, in the absence of evidence to the contrary, that the will was duly executed and admitted to probate as a will in the state or country of the testator's domicile, and shall admit the copy to probate as a will in this state. Effective: October 1, 1942 History: Amended 1972 Ky. Acts ch. 168, sec. 11, effective June 16, 1972. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4854.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1943–2022 · leading case: Marr v. Hendrix, 952 S.W.2d 693 (Ky. 1997).
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Marr v. Hendrix, 952 S.W.2d 693 (Ky. 1997). · cites it 9× “120, KRS 394.150, and KRS 394.240. KRS 394.120 provides: Nonresident—Will of valid, when.”
Penn v. Pennsylvania Co. for Insurances, 171 S.W.2d 437 (Ky. Ct. App. 1943). “Crozer was admitted to probate in the Fayette county court as a will of real estate, in accordance with the provisions of KRS 394.150, and the appellees who hold the legal title to the land agreed to be conveyed may exercise the power to sell and convey just as could a resident…”
Hoagland v. Fish, 238 S.W.2d 133 (Ky. Ct. App. 1951). “KRS 394.150, 413.160. Hence, it was claimed that the will under which the defendant, Mrs.”
Cox v. Harrison, 535 S.W.2d 78 (Ky. Ct. App. 1975). · cites it 2× “KRS 394.150. KRS 394.150 1 provided that when the will of a non-resident had been duly proved and probated out of this state an authenticated copy and a certified copy of probate may be offered for probate in this state.”
Second Nat'l Bank of Ashland v. Thomson, 455 S.W.2d 51 (Ky. Ct. App. 1970). “Appellees cite KRS 394.150, relating to the probate of wills of nonresidents.”
Angela Mason in Her Capacity as of the Est. of Norma Catherine Mason-Stikes v. Howard L. Stikes, Both in His Capacity as Adm'r of the Est. of William T. Stikes, Jr. (Ky. Ct. App. 2022). “”); see KRS 394.150 (“When a will of a nonresident has been proved out of the state, an authenticated copy and the certificate of probate may be offered for probate in this state.”
Gourley v. Miller, 196 S.W.2d 360 (Ky. Ct. App. 1946). “It is contended that this provision of the statute rendered void the proceedings of September 25, 1939, in the Lee circuit court. We think that the statute applied only to original probate proceedings and not to ancillary probate proceedings provided for in section 4854,…”
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