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KRS 394.235

Proof of will where witnesses unavailable

Applied in 2 court decisions — leading case Thompson v. Hardy (2000)

Most recently applied in Thompson v. Hardy (October 2000)

History: Created 1944 Ky

When it appears to the court that a will cannot be proven as otherwise provided by law because one (1) or more or all of the subscribing witnesses to the will, at the time the will is offered for probate, are serving in or present with the Armed Forces of the United States or as merchant seamen, or are dead or mentally or physically incapable of testifying or otherwise unavailable, the court may admit the will to probate upon the testimony in person or by deposition of at least two (2) credible disinterested witnesses that the signature to the will is in the handwriting of the person whose will it purports to be, or upon other sufficient proof of such handwriting. The foregoing provision shall not preclude the court, in its discretion, from requiring in addition, proof of such other pertinent facts and circumstances as the court may deem necessary to admit the will to probate.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.