Can stepchildren or domestic partners inherit without a will in Kentucky?

Under Kentucky intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute (KRS § 391.010). Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners.

What Happens If You Die Without a Will in Kentucky?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

Now settle it? Track every heir and their share.

State

Estate Value

Include home, savings, investments, etc.

Are you married?

YesNo

users

See Who Inherits

Select your state and answer questions about your family to see how your estate would be distributed under intestacy law.

Quick examples:

This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.Data verified 2026-07-15

Frequently Asked Questions

Kentucky intestacy laws determine who inherits when there is no will. Kentucky follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Kentucky depends on family structure. With no children: Entire estate to the surviving spouse (KRS 391.010(1)(a)1.).. With shared children: If the spouse has no other descendants: entire estate (KRS 391.010(1)(a)2.). If the spouse has one or more descendants who are not the decedent's: one-half (1/2) of the estate, plus the $30,000 personal-property exemption (KRS 391.030); the other half passes to the descendants per stirpes (KRS 391.010(1)(a)4.).. When children from a prior relationship survive: One-half (1/2) of the estate to the surviving spouse (KRS 391.010(1)(a)3.), plus the $30,000 personal-property exemption set aside from personalty (KRS 391.030); the other half passes to the decedent's descendants per stirpes..

Kentucky uses the "per stirpes" distribution method. Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes

Kentucky requires an heir to survive the decedent by 120 hours to inherit. If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Kentucky intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute. Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Kentucky will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Kentucky depend on estate size and complexity. Estates valued at $30,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Kentucky probate cost calculator for a detailed estimate.

Intestacy Laws in Kentucky

Under Kentucky intestacy law, a surviving spouse's inheritance depends on who else survives. The spouse receives Entire estate to the surviving spouse (KRS 391.010(1)(a)1.). when there are no descendants. With children from a prior relationship, the share adjusts to One-half (1/2) of the estate to the surviving spouse (KRS 391.010(1)(a)3.), plus the $30,000 personal-property exemption set aside from personalty (KRS 391.030); the other half passes to the decedent's descendants per stirpes..

Kentucky distributes assets to descendants using the Per stirpes method. An heir must survive the decedent by 120 hours to inherit — otherwise, their share passes to the next eligible relative.

For smaller estates, Kentucky offers a simplified procedure for estates under $30,000, avoiding formal probate entirely. The probate cost calculator provides a detailed fee estimate for estates that exceed this threshold.

Intestacy rules only apply to assets without a designated beneficiary or title-based transfer. A revocable living trust overrides intestacy law, names specific beneficiaries, and avoids Kentucky probate entirely — assets transfer privately without court involvement.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from Kentucky statutes and official state code. How we research.

Is this your situation?

Get a complete guide for your specific circumstances.

Inheritance

Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.

Learn more

Death of a Parent

A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.

Learn more

Divorce

What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.

Learn more

Kentucky Estate Planning Resources

In-depth guides covering Kentucky probate laws, trust requirements, and estate planning strategies.