KY estate risk
Intestacy risk in Kentucky
How assets are distributed when there is no will and state default rules control the outcome.
Kentucky intestacy combines dower/curtesy rules with a separate descent order for real estate and personal property.
At a glance
Key takeaways
- A surviving spouse receives one-half of the surplus real estate owned at death and one-half of the surplus personal property.
- Remaining real estate descends to descendants first, then parents, then siblings and more remote kindred in order.
- Personal property follows the same descent order after expenses, with a $30,000 exemption set aside for the surviving spouse (or children if no spouse).
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Questions to consider
Questions to consider in Kentucky
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Kentucky intestacy combines dower/curtesy rules with a separate descent order for real estate and personal property.
- A surviving spouse receives one-half of the surplus real estate owned at death and one-half of the surplus personal property.
- Remaining real estate descends to descendants first, then parents, then siblings and more remote kindred in order.
- Personal property follows the same descent order after expenses, with a $30,000 exemption set aside for the surviving spouse (or children if no spouse).
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36175
- https://law.justia.com/codes/kentucky/chapter-391/section-391-010/
- https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49987
- https://www.nolo.com/legal-encyclopedia/intestate-succession-kentucky.html
- https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49404
Background sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Kentucky.
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