How to Challenge a Will in Kentucky Probate

Discovering that a loved one’s will does not reflect what you expected can be upsetting and confusing. In some cases, family members or beneficiaries may believe the will is invalid or unfair due to how it was created. Kentucky law allows interested parties to challenge a will during the probate process, but strict rules and deadlines apply.

Understanding when and how a will can be contested is essential before taking action.

Who Can Challenge a Will in Kentucky?

Not everyone has the legal right to contest a will. In Kentucky, only an “interested person” may bring a will challenge. This generally includes:

• Heirs who would inherit if there were no will
• Beneficiaries named in a prior will
• Individuals named in the current will whose inheritance is affected

If you would not gain financially from the will being set aside or modified, the court is unlikely to allow you to proceed.

Common Grounds for Challenging a Will

Kentucky courts do not invalidate wills simply because someone is unhappy with the outcome. A will contest must be based on legally recognized grounds. The most common include:

Lack of Testamentary Capacity

The person making the will (the testator) must have understood:

• The nature of their property
• Who their natural heirs were
• How the will distributed their assets

Serious cognitive impairment, dementia, or confusion at the time the will was signed may support a challenge.

Undue Influence

A will may be invalid if someone exerted improper pressure that overpowered the testator’s free will. This often arises when a caregiver, family member, or trusted individual benefits unusually from the will.

Improper Execution

Kentucky law requires wills to be properly signed and witnessed. If these formalities were not followed, the will may be invalid.

Fraud or Forgery

If the testator was deceived into signing the will or if signatures were forged, the document may be set aside.

The Six-Month Deadline Is Critical

Kentucky imposes a strict six-month deadline to contest a will. Under Kentucky law, a challenge must generally be filed within six months of the will being admitted to probate.

Missing this deadline usually means losing the right to contest the will entirely, regardless of how strong the claim might be. Because probate often begins quickly, delays can be costly.

How the Will Contest Process Works

A will challenge is filed as a lawsuit in the probate court handling the estate. The person contesting the will bears the burden of proof, meaning they must present evidence supporting their claim.

Evidence may include:

• Medical records
• Witness testimony
• Prior versions of the will
• Financial records
• Expert opinions

The court may resolve the dispute through motions, hearings, or a trial. In some cases, the parties reach a settlement before the case is decided.

What Happens If the Will Is Invalidated?

If the court determines that the will is invalid, several outcomes are possible:

• A prior valid will may control the estate
• If no prior will exists, Kentucky’s intestacy laws apply
• Certain provisions may be removed while others remain

Each situation depends on the facts of the case and the evidence presented.

Why Legal Guidance Matters

Will contests are emotionally charged and legally complex. Strict deadlines, evidentiary rules, and procedural requirements leave little room for error. Even strong claims can fail if they are not properly presented.

At Hoffman Walker & Knauf, we help clients evaluate whether a will contest is appropriate and guide them through the Kentucky probate process with clarity and care. Our goal is to protect our clients’ rights while honoring the legal standards that govern estate disputes.

If you believe a will does not reflect your loved one’s true intentions, speaking with one of our experienced probate attorneys as soon as possible can help you understand your options and protect your interests. Contact us today for a consultation and let us know how we can help.