A Spouse and the Will
KRS 392.080 — a surviving spouse may renounce the will within six months of probate and take a statutory share
A surviving spouse is not bound by what the will leaves them. The spouse may release it and take the share the statutes give instead, which in real estate the deceased owned at death is one third, by a signed release acknowledged before an officer who administers oaths.
The release is filed with the clerk of the court that admitted the will and with the county clerk, within six months after the will is admitted to probate. If a will contest is filed in that time, the six months run from when the contest is decided.
Without a will, the surviving spouse also has an absolute share of one half of the surplus personal property, which counts accounts payable on death and jointly held property the spouse received, and a life estate in one third of real estate the other spouse owned during the marriage but not at death.
Sources for this section (2)
- KRS 392.020 — Surviving spouse's interest in property of deceased spouse -- "Dower" and "curtesy" defined -- Surplus personalty and surplus real estate
- KRS 392.080 — Surviving spouse may renounce will -- Form to use when renouncing will -- Share of the surviving spouse in such case -- When devise or bequest is in addition to dower or curtesy
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.