Earlier this year, we provided a brief overview of intestate succession in Kentucky. When a person dies without a will in Kentucky, their assets are distributed according to the state’s intestate succession laws. These laws determine who inherits the deceased person’s property based on their surviving relatives.
If a loved one recently died without a will in Kentucky, here are some more useful facts about intestate succession in our state.
Dower and curtesy — spousal elective shares
In Kentucky, traditional dower and curtesy rights have largely been redefined into spousal elective share rights, helping ensure that a surviving spouse receives a fair portion of the deceased spouse’s estate. This approach applies to intestate situations, offering inheritance protection even when there is no will.
Types of property impacted
Intestate succession laws apply to various properties. Real estate that passes through probate is subject to intestate succession.
Bank accounts, stocks and personal belongings in the probate estate are also affected. However, non-probate assets like life insurance policies, retirement accounts and property held in joint tenancy pass directly to named beneficiaries.
Court procedures
A district court hearing may be required to determine the persons entitled to property by way of intestate succession. The property will be distributed to descendants using the per stirpes method, meaning it is divided into equal shares at each generational level.
Limitations and exceptions
There are certain limitations and exceptions to intestate succession laws. For example, a parent who has abandoned the care and maintenance of a child may have limited inheritance rights. Additionally, posthumous children, or those born after the death, inherit as if they were born before the death.
As you can see, there is much more to intestate succession than many people realize. Having experienced legal guidance can help to ensure the decedent’s estate is distributed fairly among family members.