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Kentucky Intestacy Laws
These are selections from the Kentucky intestate succession statutes.  (Title XXXIV - Descent, Wills, and Administration)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


391.010 Descent of real estate.
When a person having right or title to any real estate of inheritance dies intestate as to such estate, it shall descend in common to his kindred, male and female, in the following order, except as otherwise provided in this chapter:

(1) To his children and their descendants; if there are none, then

(2) To his father and mother, if both are living, one (1) moiety each; but if the father is dead, the mother, if living, shall take the whole estate; if the mother is dead, the whole estate shall pass to the father; if there is no father or mother, then

 

(3) To his brothers and sisters and their descendants; if there are none, then

(4) To the husband or wife of the intestate; if there are none surviving, then

(5) One (1) moiety of the estate shall pass to the paternal and the other to the maternal kindred, in the following order: (a) The grandfather and grandmother equally, if both are living; but if one is dead, the entire moiety shall go to the survivor; if there is no grandfather or grandmother, then (b) To the uncles and aunts and their descendants; if there are none, then (c) To the great-grandfathers and great-grandmothers, in the same manner prescribed for grandfather and grandmother by subsection (a); if there are none, then (d) To the brothers and sisters of the grandfathers and grandmothers and their descendants; and so on in other cases without end, passing to the nearest lineal ancestors and their descendants.

(6) If there is no such kindred to one of the parents as is described in subsection (5), the whole to go to the kindred of the other. If there is neither paternal nor maternal kindred, the whole shall go to the kindred of the husband or wife, as if he or she had survived the intestate and died entitled to the estate.

391.020 Descent of real estate acquired from parent.
(1) When a person dies intestate and without issue, owning real estate of inheritance which is the gift of either of his parents, the parent who made the gift, if living, shall inherit the whole of such estate.

391.030 Descent of personal property -Exemption for surviving spouse and children -Withdrawal of money from bank by surviving spouse.
(1) Except as otherwise provided in this chapter, where any person dies intestate as to his or her personal estate, or any part thereof, the surplus, after payment of funeral expenses, charges of administration, and debts, shall pass and be distributed among the same persons, and in the proportions, to whom and in which real estate is directed to descend, except as follows: (a) The personal estate of an infant shall be distributed as if he or she had died after full age; (b) An alien may be distributee as though he or she were a citizen; and



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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The Kentucky intestate succession statutes may be found in full by selecting this link. (Title XXXIV - Descent, Wills, and Administration)


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