If you die without a will in Kentucky, state intestate succession law gives your spouse the entire estate only when every surviving descendant is also your spouse's descendant. Kentucky also layers additional life estate and personal property rights on top of the basic descent statute, which most people do not expect.
If you do not want Kentucky default rules to decide who gets your property, you can put a valid will in place in a short online session with the FastWill will builder, covered in detail near the end of this guide.
Key Takeaways
- Kentucky's descent statute at KRS 391.010 gives a spouse the whole estate only when all descendants are shared with that spouse.
- If any descendant is not the surviving spouse's descendant, the spouse's share of real estate passing under this statute drops to one-half.
- On top of that share, Kentucky law separately gives a surviving spouse a life estate in one-third of real estate the decedent held during the marriage but no longer owned at death.
- A surviving spouse also receives an absolute one-half share of the decedent's surplus personal property under a related statute.
For the broader picture beyond intestacy, see our Kentucky estate planning guide and our overview of how to make a will in Kentucky. For general background on how intestate succession works across states, Cornell Law School's overview is a useful starting point.
How Kentucky divides property when there is no will
KRS 391.010 sets the core descent rule, and it works differently depending on whether all of your descendants are shared with your spouse.
Spouse only, or spouse and all shared descendants
If you have no surviving descendants, or every surviving descendant is also your spouse's descendant, your spouse takes the entire estate under the statute.
Spouse and descendants not all shared
If you have one or more descendants who are not your spouse's descendants, or your spouse has descendants of their own from outside the marriage in addition to descendants you share, the spouse's share drops to one-half, with the other half passing to your descendants.
Additional life estate and personalty rights
Separately from the descent statute, Kentucky law gives a surviving spouse a life estate in one-third of any real estate you held during the marriage but had transferred away before death, along with an absolute one-half share of your surplus personal property after debts are paid. These additional rights stack on top of the basic descent share and are one of the more distinctive features of Kentucky intestacy law, and they exist regardless of whether the underlying descent share was the full estate or only one-half.
No spouse, no descendants
With no surviving spouse or descendants, the estate passes to your parents, then to siblings and their descendants, following Kentucky's broader descent scheme further out.
What about unmarried partners and stepchildren
Kentucky's descent statute recognizes only legal spouses and blood or legally adopted relatives. An unmarried partner or an unadopted stepchild has no automatic right to any part of your estate, regardless of the relationship's length or depth.
What assets fall outside these statutes
KRS 391.010 and the related surplus personalty rule only govern property that passes through your probate estate, meaning it is titled solely in your name with no beneficiary listed. Life insurance, retirement accounts, and payable-on-death bank accounts pass directly to the named beneficiary, and jointly titled property with survivorship rights passes automatically to the surviving co-owner, all outside of these statutes entirely. Real estate you still owned at death and personal property not otherwise designated are typically what remains subject to the layered descent and life estate rules.
Does the estate still go through Kentucky probate
Yes. An intestate estate in Kentucky still goes through probate, applying the statutory shares and additional spousal rights instead of your own instructions. Smaller estates may qualify for a simplified process, covered in our guide to the Kentucky small estate affidavit. For realistic timelines, see how long probate takes in Kentucky.
Why write a Kentucky will instead of relying on these layered rules
The combination of the basic descent share, the one-third life estate, and the surplus personalty rule can produce outcomes that are difficult to predict without careful review, especially for blended families or anyone who transferred real estate during the marriage. A will lets you set out exactly what each person receives instead of leaving the outcome to several overlapping statutes.
Families who assume Kentucky works the same simple way as a neighboring state are often surprised to learn how many separate rules stack together here, which is exactly the kind of complexity a clearly written will is designed to cut through. For a broader look at what is at stake, see the consequences of dying without a will.
You can put a signed Kentucky will in place with the FastWill will builder rather than leaving your estate to a descent statute plus a life estate plus a surplus personalty rule that few families fully understand in advance.
Frequently Asked Questions
Does my spouse get everything if I die without a will in Kentucky?
Only if every surviving descendant is also your spouse's descendant. If any descendant is not shared, your spouse's basic descent share drops to one-half of the relevant property.
What is the extra life estate Kentucky gives a surviving spouse?
Separately from the descent statute, a surviving spouse receives a life estate in one-third of real estate you held during the marriage but no longer owned at death, on top of whatever descent share applies.
What is surplus personalty and why does it matter?
It refers to personal property left after debts and costs are paid. A surviving spouse receives an absolute one-half share of this surplus personal property under Kentucky law, in addition to the basic descent share.
Can an unmarried partner inherit under Kentucky intestacy law?
No. Only a legal spouse and blood or adopted relatives inherit under KRS 391.010, so an unmarried partner receives nothing automatically.
Is probate required if I die without a will in Kentucky?
Yes. The estate still goes through Kentucky probate court, applying the descent statute and the additional spousal rights instead of your own instructions.
Does a jointly owned bank account skip the Kentucky descent statute?
Yes, as long as it is titled with right of survivorship. It passes directly to the surviving co-owner and is not divided under KRS 391.010 or the related personalty rule.
