Dying Without a Will in Kentucky: What is ‘Intestate Succession’?

Many people assume that if they pass away, their property automatically goes to their spouse or children. However, that’s not true – without a valid will, Kentucky law decides who inherits. 

This process is called intestate succession. It follows a specific legal order under Kentucky Revised Statutes (KRS) Chapter 391. 

In this article, we will explore what happens when dying without a will in Kentucky. It’s important to understand how intestate succession works, as that helps families avoid confusion and error, and it ensures that your last wishes will be carried out. 

What Is Intestate Succession?

In the event someone dies without a valid will, they are said to have died “intestate.” In this case, it is Kentucky’s intestate succession laws that will determine who the deceased person’s property goes to. 

The probate court will appoint an administrator, who often is a family member. They will handle the estate, pay any outstanding debts, and distribute any remaining assets, all in accordance with state law. 

Remember that intestate succession will only apply to probate assets, which means property solely titled in the deceased person’s name. It will not cover any assets which are jointly owned, or any accounts with named beneficiaries. 

Kentucky’s Intestate Inheritance Order

According to KRS Chapters 391 and 392, who inherits will depend on the family relationship at the time of death. The general order of inheritance is as follows:

• Spouse’s Share: The surviving spouse is entitled to their share first. Under Kentucky’s “dower and curtesy” laws (KRS § 392.020), the surviving spouse receives one-half (1/2) of the deceased’s real estate (in full ownership) and one-half (1/2) of their personal property. This is true whether or not there are children.
• Share for Children/Descendants: After the spouse’s one-half share is set aside, the remaining one-half (1/2) of the estate passes to the deceased person’s children and their descendants.
• No Spouse or Children: If there is no surviving spouse and no children, the entire estate passes to the deceased person’s parents (or the surviving parent). If there are no parents, it passes to siblings and their descendants (nieces and nephews).
• No Immediate Family: Here, the estate will be inherited by more distant relatives, such as grandparents, aunts, uncles, and cousins. 
• No Living Relatives: In the absence of a legal heir, the deceased person’s estate will become property of the Commonwealth of Kentucky (also known as escheat).

What Property Is Not Affected by Intestate Succession?

Not all kinds of property will pass through intestate succession. There are assets which will usually bypass probate and go directly to named beneficiaries, or to co-owners. These assets are:

• Jointly owned property with rights of survivorship. 
• Life insurance policies, where named beneficiaries are present. 
• Retirement accounts, for example, IRAs or 401(k)s, where there are designated beneficiaries. 
• Payable-on-death (POD) or transfer-on-death (TOD) bank and investment accounts. 
• Any property that is held in a trust. 

These exceptions mean that even if someone passes away without a will, some of their assets may still pass probate. For the rest, however, the court will follow Kentucky’s intestacy laws. 

Rights of the Surviving Spouse

Even in the absence of a will, under Kentucky law surviving spouses benefit from special protections. These rights, historically known as “dower” and “curtesy,” are defined by statute. Under KRS § 392.020, when a spouse dies intestate, the surviving spouse is entitled to an absolute estate in:

• A “dower” or “curtesy” share. This means a life estate in one-third of the deceased’s real property. 
• A statutory share of personal property. This is often calculated at half, provided there are no children. 
• Some exemptions, such as home furniture or vehicles. 

Additionally, under KRS § 391.030, the surviving spouse is also entitled to a $30,000 personal property exemption. This amount is set apart from the estate for the spouse before the remaining personal property is divided in half. This exemption can cover assets like home furniture, vehicles, and bank accounts.

Navigating these rights is complex, especially in cases where there are blended families, jointly titled assets, or there has been a previous marriage. This is why legal guidance is crucial, as it ensures that the surviving spouse receives the maximum protections afforded by Kentucky law. 

Why Dying Without a Will Can Create Problems

Dying intestate can absolutely create issues, such as expenses, delays, or even disputes among family members. Some of the most common issues arising from this situation are:

• Intentions are unclear: Family members can’t agree on the wishes of the deceased, or what they think “they would’ve wanted.”
• Complicated asset division: In order to divide property fairly, it may have to be sold, and the proceeds then split. 
• Stepchildren or unmarried partners: Under Kentucky law, those individuals usually will not have the automatic right to inherit. 
• Courts getting involved: The probate court will oversee all distributions, and this process is lengthy – months, often longer. 

Creating a valid will under the guidance of an experienced attorney will avoid all these issues, and it will put you in control of who inherits your property. 

Why Legal Help Matters

Creating a valid will under the guidance of an experienced attorney will avoid all these issues, and it will put you in control of who inherits your property. 

If you don’t have a will yet, and you want to make sure you plan for your estate in such a way that all your loved ones are protected, contact Hoffman Walker & Knauf today. 

As experienced Kentucky estate planning attorneys, we will help you in preparing a will that ensures your family’s security, and most importantly – that your last wishes are upheld.