The following are excerpts from Kentucky’s intestacy laws. Please reference the full body of Kentucky’s laws for Descent, Wills, and Administration of Decedent’s Estates for any changes to those laws that may not be reflected below.
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Kentucky Revised Statutes
Chapter 391. Descent and Distribution
§ 391.010. Descent of real estate
When a person having right or title to any real estate or inheritance dies intestate as to such estate, it shall descend in common to his kindred, male and female, in the following order, except as otherwise provided in this chapter:
(1) To his children and their descendants; if there are none, then
(2) To his father and mother, if both are living, one (1) moiety each; but if the father is dead, the mother, if living, shall take the whole estate; if the mother is dead, the whole estate shall pass to the father; if there is no father or mother, then
(3) To his brothers and sisters and their descendants; if there are none, then
(4) To the husband or wife of the intestate; if there are none surviving, then
(5) One (1) moiety of the estate shall pass to the paternal and the other to the maternal kindred, in the following order:
(a) The grandfather and grandmother equally, if both are living; but if one is dead, the entire moiety shall go to the survivor; if there is no grandfather or grandmother, then
(b) To the uncles and aunts and their descendants; if there are none, then
(c) To the great-grandfathers and great-grandmothers, in the same manner prescribed for grandfather and grandmother by subsection (a); if there are none, then
(d) To the brothers and sisters of the grandfathers and grandmothers and their descendants; and so on in other cases without end, passing to the nearest lineal ancestors and their descendants.
(6) If there is no such kindred to one of the parents as is described in subsection (5), the whole to go to the kindred of the other. If there is neither paternal nor maternal kindred, the whole shall go to the kindred of the husband or wife, as if he or she had survived the intestate and died entitled to the estate.
§ 391.020. Descent of real estate acquired from parent
(1) When a person dies intestate and without issue, owning real estate of inheritance which is the gift of either of his parents, the parent who made the gift, if living, shall inherit the whole of such estate.
(2) If a person under the age of eighteen (18) dies without issue, having the title to real estate derived by gift, devise or descent from one of his parents, the whole shall descend to that parent and that parent’s kindred, and if there is none, then in like manner to the other parent and his kindred. The kindred of one parent shall not be so excluded by the kindred of the other parent, if the latter is more remote than the grandfather, grandmother, uncles and aunts of the intestate and their descendants.
§ 391.030. Descent of personal property – Exemption for surviving spouse and children – Withdrawal of money from bank by surviving spouse
(1) Except as otherwise provided in this chapter, where any person dies intestate as to his or her personal estate, or any part thereof, the surplus, after payment of funeral expenses, charges of administration, and debts, shall pass and be distributed among the same persons, and in the proportions, to whom and in which real estate is directed to descend, except as follows:
(a) The personal estate of an infant shall be distributed as if he or she had died after full age;
(b) An alien may be distributee as though he or she were a citizen; and
(c) Personal property or money on hand or in a bank or other depository to the amount of fifteen thousand dollars ($15,000) shall be exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate on application to the surviving spouse, or, if there is no surviving spouse, to the surviving children.
(2) The surviving spouse may, at any time before the property or money is set apart by the court, procure on petition from the Judge of the District Court having jurisdiction over the estate, an order authorizing the surviving spouse to withdraw from any bank or other depository not exceeding two thousand five hundred dollars ($2,500) belonging to the estate. Upon presentation of the order, the bank or depository shall permit the surviving spouse to withdraw the sum and shall lodge the order, endorsing thereon the amount withdrawn, with the circuit clerk who shall retain it in the clerk’s files to be considered in connection with further proceedings in the estate and the withdrawal shall be treated as a charge against the property of the estate exempt from distribution.
(3) In the application for the setting apart of property or money under subsection (1) of this section, the surviving spouse or, if there is no surviving spouse, the surviving children may make their selection out of the personal property of the estate to the extent that the value of the property selected does not exceed the amount of fifteen thousand dollars ($15,000).
(4) Where any person dies testate:
(a) Personal property or money on hand or in a bank or other depository to the amount of fifteen thousand dollars ($15,000) shall be exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate on application of the surviving spouse;
(b) If there is no surviving spouse, personal property or money on hand or in a bank or other depository bequeathed to surviving children to the amount of fifteen thousand dollars ($15,000) shall be exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate on application by the surviving children;
(c) The exemption of the surviving spouse under paragraph (a) of this subsection is not conditioned upon the surviving spouse renouncing the will, and, in the event of renunciation, the surviving spouse shall be entitled to the exemption in addition and prior to determining the statutory share of the surviving spouse under KRS 392.080 ; and
(d) Subsection (3) of this section shall apply with respect to the surviving spouse provided that the surviving spouse shall first select from among the personal property of the residuary estate, then to the extent necessary from among the money on hand or on deposit specifically bequeathed under the will, and then to the extent necessary from among any other personal property specifically bequeathed under the will. Where the selection of the surviving spouse is made up, in whole or in part, from personal property or money on hand or on deposit specifically bequeathed to a beneficiary, such beneficiary shall have a right of contribution on the principles of KRS 394.420 to 394.490 unless the will otherwise directs, or it is necessarily to be inferred therefrom that the testator intended the same to fall on such beneficiary except that there shall be no right of contribution from the surviving spouse.
§ 391.033. Limitation on right to estate if parent has abandoned care and maintenance of child
(1) A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to intestate succession in any part of the estate and shall not have a right to administer the estate of the child, unless:
(a) The abandoning parent had resumed the care and maintenance at least one (1) year prior to the death of the child and had continued the care and maintenance until the child’s death; or
(b) The parent had been deprived of the custody of his or her child under an order of a court of competent jurisdiction and the parent had substantially complied with all orders of the court requiring contribution to the support of the child.
(2) Any part of a decedent child’s estate prevented from passing to a parent, under the provisions of subsection (1) of this section, shall pass through intestate succession as if that parent has failed to survive the decedent child.
(3) This section may be cited as Mandy Jo’s Law.
§ 391.035. District Court hearing to determine persons entitled to property passing by intestate succession
(1) If real or personal property passes by the laws of intestate succession, or under a will to a beneficiary not named in the will, proceedings may be had in the District Court to determine the persons entitled to the property.
(2)
(a) If an estate is in process of administration, the executor, administrator, or any person claiming an interest in the property may file a motion in the District Court where administration is in process. If there is no pending administration or administration has been dispensed with, any person claiming an interest in the property may file a motion in the District Court of the county in which the decedent last resided or, if the decedent was not a Kentucky resident, in the District Court of the county in which the property, or the greater part thereof, is located;
(b) The motion shall set forth all of the facts known to the movant relating to the matter, including the names, ages, and addresses of all persons who are or may be entitled to share in the property and their relationship to the decedent or to the class of beneficiaries entitled to share. The motion shall also describe the property under consideration and an estimate of its value;
(c) The motion shall be served in a manner authorized by the Rules of Civil Procedure for the initiation of a civil action and shall set forth the place and time, which shall not be less than twenty (20) days from the date of service, when the motion will come on for hearing.
(3) Upon the hearing on the motion, any person claiming an interest in the property may introduce proof in support of his claim and the court may entertain the admission of any other relevant evidence to aid the court in determining the persons entitled to share in the property.
(4) After hearing all the evidence, the court shall enter judgment in which the names, ages, and addresses of the persons entitled to share in the property are set forth and the proportionate interest of each. The judgment shall be conclusive evidence of the facts determined therein as against all parties, whether known or unknown, to the proceeding.
(5) In a case where some or all of the property is real property located in this state, a certified copy of the judgment shall be recorded in the office of the appropriate county clerk in lieu of the affidavit required by KRS 382.120. The judgment shall be conclusive evidence of the facts determined therein as against all parties, whether known or unknown, to the proceeding.
(6) Any party may at any time prior to judgment institute an adversary proceeding in Circuit Court pursuant to KRS 24A.120(2).
(7) Any aggrieved party may, no later than thirty (30) days from the date of the judgment, institute an adversary proceeding in Circuit Court pursuant to KRS 24A.120(1)(b).
(8) Any unknown defendants before the court by constructive service alone shall be entitled to the protection afforded by Civil Rule 4.11.
(9) No proceedings under this section shall be conducted by or before a commissioner of the District Court.
§ 391.040. Descendants of distributees take per stirpes
When any or all of a class first entitled to inherit are dead, leaving descendants, such descendants shall take per stirpes the share of their respective deceased parents.
§ 391.050. Collaterals of the halfblood – Inheritance by
Collaterals of the halfblood shall inherit only half as much as those of the wholeblood, or as ascending kindred, when they take with either.
§ 391.060. Title may be inherited through alien
When title is acquired by descent, it shall be no bar to a person taking title through descent that any ancestor through whom he derives his descent from the intestate is or has been an alien.
§ 391.070. Posthumous child – Inheritance by
A child born of a widow, within ten (10) months after the death of the intestate, shall inherit from him in the same manner as if he were in being at the time of the intestate’s death.
§ 391.100. Children of illegal or void marriages considered as if born in lawful wedlock
The issue of all illegal or void marriages is considered as if born in lawful wedlock.
§ 391.105. Determination of rights of intestate succession in the case of a person born out of wedlock
(1) For the purpose of intestate succession, if a relationship of parent and child must be established to determine succession by, through, or from a person, a person born out of wedlock is a child of the natural mother. That person is also a child of the natural father if:
(a) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or
(b) In determining the right of the child or its descendants to inherit from or through the father:
1. There has been an adjudication of paternity before the death of the father; or
2. There has been an adjudication of paternity after the death of the father based upon clear and convincing proof;
(c) In determining the right of the father or his kindred to inherit from or through the child:
1. There has been an adjudication of paternity before the death of the child; or
2. There has been an adjudication of paternity after the death of the child based on clear and convincing proof and the evidence in such adjudication shall have demonstrated that the father openly treated the child as his, and the father did not follow a consistent policy of refusing to support the child on the ground of nonpaternity.
(2) The terms and conditions set out in this section shall also apply in actions brought pursuant to KRS 411.130 and 411.135.
§ 392.010. Husband’s interest in wife’s realty same as wife’s interest in his
All the sections of this chapter, except KRS 392.100, that relate to the wife’s dower or interest in the deceased husband’s estate, shall apply in all cases, so far as may be, to the husband’s interest in the wife’s estate.
§ 392.020. Surviving spouse’s interest in property of deceased spouse – “Dower” and “curtesy” defined
After the death of the husband or wife intestate, the survivor shall have an estate in fee of one-half (1/2) of the surplus real estate of which the other spouse or anyone for the use of the other spouse, was seized of an estate in fee simple at the time of death, and shall have an estate for his or her life in one-third (1/3) of any real estate of which the other spouse or anyone for the use of the other spouse, was seized of an estate in fee simple during the coverture but not at the time of death, unless the survivor’s right to such interest has been barred, forfeited or relinquished. The survivor shall also have an absolute estate in one-half (1/2) of the surplus personalty left by the decedent. Unless the context otherwise requires, any reference in the statutes of this state to “dower” or “curtesy” shall be deemed to refer to the surviving spouse’s interest created by this section.
§ 392.030. Actual possession by deceased spouse not necessary for dower or curtesy
If the deceased spouse, during the coverture, was seized in law of the fee simple of any real estate, then the surviving spouse may have dower or curtesy in that real estate, although the deceased spouse never had actual possession.
§ 392.040. Lands in which surviving spouse to have no dower or curtesy
(1) The surviving spouse shall not have dower or curtesy in land sold but not conveyed by the deceased spouse before marriage, nor in land sold in good faith after marriage to satisfy an encumbrance created before marriage or created by deed in which the surviving spouse joined, or to satisfy a lien for the purchase money. If, however, there is a surplus of the land or proceeds of sale after satisfying the lien, surviving spouse may have dower or curtesy out of that surplus of the land or compensation out of the surplus of the proceeds, unless they were received or disposed of by the decedent in his lifetime.
(2) If the decedent held land by executory contract only, the surviving spouse shall not have dower or curtesy in the land, unless decedent owned such an equitable right at the time of his death.
§ 392.050. Rights of surviving spouse pending assignment of dower or curtesy
The surviving spouse shall be entitled, from the time of the deceased spouse’s death until dower or curtesy is assigned, to such share of the rents and profits of the deceased spouse’s real estate as is equal to the surviving spouse’s share in the real estate itself, under KRS 392.020, and the surviving spouse shall hold the dwelling house, yard, garden, the stable and lot on which it stands, and an orchard, if there is one, adjoining any of the premises aforesaid, until dower or curtesy is assigned, or, in case of renunciation, under KRS 392.080.
§ 392.060. Dower need not be allotted from all parcels
Where the lands are not severally held by different devisees or purchasers, dower need not be assigned out of each separate portion, but an equitable allotment may be made in one (1) or more parcels in lieu of the whole.
§ 392.070. Recovery of dower or curtesy from heir, devisee or purchaser – Value of – Rents
When a surviving spouse recovers dower or curtesy against the heir or devisee or purchaser from the decedent, the dower or curtesy shall be according to the value of the estate when received by the heir, devisee or purchaser, and shall not include, in the estimated value, any permanent improvements which the heir, devisee or purchaser has made on the land. Against the heir or devisee or his alienee the surviving spouse’s claim for rent shall not exceed rent for five (5) years before the action, and against a purchaser from the decedent the surviving spouse’s claim shall be only from the commencement of the action. In either case it shall continue up to final recovery. If, after action has been brought, the surviving spouse or tenant dies before recovery, the rent may be recovered by the surviving spouse’s representative or against the tenant’s heirs, devisees and representatives.