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Home→Tools→Who Inherits Calculator→Kentucky

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.

Frequently Asked Questions

Kentucky intestacy laws determine who inherits when there is no will.KRS § 391.010Verified May 31, 2026 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.KRS § 391.010Verified May 31, 2026 With no children: 1/2 of surplus real property + 1/2 of surplus personal property (KRS 392.020 dower/curtesy), plus life estate in 1/3 of real estate owned during marriage but not at death. Remaining 1/2 passes to parents, then siblings (KRS 391.010). If no parent or sibling survives: entire estate.. With shared children: Real property: 1/2 of surplus in fee simple, plus life estate in 1/3 of real estate owned during marriage but not at death (KRS 392.020). Personal property: $30,000 exempt set-aside (KRS 391.030) plus 1/2 of surplus. Remainder to children.. When children from a prior relationship survive: Real property: 1/2 of surplus in fee simple, plus life estate in 1/3 of real estate owned during marriage but not at death (KRS 392.020). Personal property: $30,000 exempt set-aside (KRS 391.030) plus 1/2 of surplus. Remainder to children..

Kentucky uses the "per stirpes" distribution method.KRS § 391.040Verified May 31, 2026 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.KRS § 391.010Verified May 31, 2026 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.KRS § 391.010Verified May 31, 2026 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 1/2 of surplus real property + 1/2 of surplus personal property (KRS 392.020 dower/curtesy), plus life estate in 1/3 of real estate owned during marriage but not at death. Remaining 1/2 passes to parents, then siblings (KRS 391.010). If no parent or sibling survives: entire estate.KRS § 391.010Verified May 31, 2026 when there are no descendants. With children from a prior relationship, the share adjusts to Real property: 1/2 of surplus in fee simple, plus life estate in 1/3 of real estate owned during marriage but not at death (KRS 392.020). Personal property: $30,000 exempt set-aside (KRS 391.030) plus 1/2 of surplus. Remainder to children.KRS § 391.010Verified May 31, 2026.

Kentucky distributes assets to descendants using the Per stirpesKRS § 391.040Verified May 31, 2026 method. An heir must survive the decedent by 120 hoursKRS § 391.010Verified May 31, 2026 to inherit — otherwise, their share passes to the next eligible relative.

For smaller estates, Kentucky offers a simplified procedure for estates under $30,000KRS 391.030 (small estate exemption)Verified May 31, 2026, 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.

SimplyTrustSimplyTrust Editorial·Updated May 31, 2026

Legal Sources

  • KRS § 391.010
  • KRS § 391.040
  • KRS 391.030 (small estate exemption)

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

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Kentucky Estate Planning Resources

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

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See Who Inherits

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

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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.

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