Dying Without a Will
KRS 391.010 — the spouse, then children, then parents, then brothers and sisters, in that order
- A surviving spouse takes the whole estate when there are no descendants, or when every descendant is also the spouse's own and the spouse has none from another relationship.
- Where the deceased or the spouse has descendants outside the marriage, the spouse takes one half.
- What does not go to a spouse passes to the children and their descendants; if none, to the parents; if none, to brothers and sisters and their descendants; and then on to grandparents, aunts and uncles.
Personal property or money up to $30,000 is exempt from distribution and sale and is set apart for the surviving spouse, or, if there is none, the surviving children, on application to the District Court handling the estate.
Before that is set apart, a surviving spouse may petition the District Court judge for an order to withdraw up to $2,500 of the estate's money from a bank, and the withdrawal counts against the exemption.
Sources for this section (2)
- KRS 391.010 — Descent of real estate
- KRS 391.030 — Descent of personal property -- Exemption for surviving spouse and children -- Withdrawal of money from bank by surviving spouse
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.