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What is intestate succession in Kentucky?

On Behalf of | Aug 30, 2024 | Estate Planning

When a person in Kentucky dies without an estate plan, the assets they have are distributed according to the intestate laws in the state. The law dictates who will inherit property based on the person’s relationship to the decedent. 

Intestate succession in Kentucky places close family members in a priority position for inheritance. Typically, most assets go to the surviving spouse if the person was married. If there were children in the picture, they would also receive an inheritance under the state’s intestate laws. Other heirs may also receive assets if there wasn’t a spouse or children involved. 

Other relatives in the line of succession

Parents and siblings are in the line of succession if the person wasn’t married and didn’t have children. Grandparents are also included in the line of succession. If there aren’t any parents, grandparents or siblings still alive, the inheritance moves to nieces, nephews and cousins. If the person doesn’t have any living relatives, the estate transfers to the state’s control.

Intestate succession doesn’t account for the decedent’s wishes

Intestate succession can lead to outcomes that may not align with what the decedent would have wanted. The only way that a person can make their wishes known and ensure they’re followed is to create a comprehensive estate plan. Using a will and trust to relay who gets which assets can give the creator peace of mind and make the days following their death a bit easier for their loved ones.

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