Who Inherits If You Die Without a Will in Kentucky
Kentucky's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: Under the law effective July 15, 2026: the surviving spouse takes everything if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants. KRS 391.010 (as amended by 2026 Ky. Acts ch. 134)
| Who inherits without a will | Under the law effective July 15, 2026: the surviving spouse takes everything if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants. The spouse takes one-half if the decedent had descendants who are not the spouse's, or if the spouse has descendants who are not the decedent's. Whatever does not pass to the spouse goes to the children and their descendants; if none, to the parents equally (or all to the surviving parent); then to brothers and sisters and their descendants; then half to the paternal and half to the maternal grandparents; then to aunts and uncles and their descendants; then to stepchildren; and finally to the state. This rule changed on July 15, 2026; earlier deaths may be governed by the prior version. The surviving spouse may also have dower/curtesy rights (KRS 392.020) and a $30,000 exemption (KRS 391.030). |
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| Surviving spouse's share | A surviving spouse may renounce the will within six months after it is admitted to probate (extendable by up to six more months by court order) and instead take the statutory share: one-half of the 'surplus personalty' and one-third of real estate the deceased spouse owned at death, plus a life estate in one-third of real estate owned during the marriage but not at death. The renunciation must be acknowledged before an officer using the statutory form and filed with both the probate court clerk and the county clerk. Under amendments to KRS 392.020 effective July 15, 2026, surplus personalty can include payable-on-death, transfer-on-death and beneficiary-designated assets, jointly owned survivorship property and revocable-trust assets, with credit for what the spouse already receives (life insurance proceeds are not included but are credited). The $30,000 exemption is in addition to this share. Source: KRS 392.080, 392.020 |
| Small estate affidavit | Kentucky has no small estate affidavit. Instead, the surviving spouse (or, if there is none, the surviving children) may ask the District Court to set apart up to $30,000 of personal property or money as exempt. If that exemption, together with preferred claims paid, equals or exceeds the estate's distributable assets, the court may dispense with administration and order the assets transferred. Before the exemption is set apart, the surviving spouse may petition for an order allowing withdrawal of up to $2,500 of the estate's money from a bank (KRS 391.030(2)). Source: KRS 391.030, 395.455 |
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FAQ
Who inherits if someone dies without a will in Kentucky?
Under the law effective July 15, 2026: the surviving spouse takes everything if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants. The spouse takes one-half if the decedent had descendants who are not the spouse's, or if the spouse has descendants who are not the decedent's. Whatever does not pass to the spouse goes to the children and their descendants; if none, to the parents equally (or all to the surviving parent); then to brothers and sisters and their descendants; then half to the paternal and half to the maternal grandparents; then to aunts and uncles and their descendants; then to stepchildren; and finally to the state.
What is a surviving spouse entitled to in Kentucky?
A surviving spouse may renounce the will within six months after it is admitted to probate (extendable by up to six more months by court order) and instead take the statutory share: one-half of the 'surplus personalty' and one-third of real estate the deceased spouse owned at death, plus a life estate in one-third of real estate owned during the marriage but not at death. The renunciation must be acknowledged before an officer using the statutory form and filed with both the probate court clerk and the county clerk.
What is the small estate limit in Kentucky?
Kentucky has no small estate affidavit. Instead, the surviving spouse (or, if there is none, the surviving children) may ask the District Court to set apart up to $30,000 of personal property or money as exempt. If that exemption, together with preferred claims paid, equals or exceeds the estate's distributable assets, the court may dispense with administration and order the assets transferred.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.