Kentucky
Estate law, probate process, and inheritance rules for Kentucky — in plain language.
$2,000–$4,000 typical
Affidavit procedure KRS §391.030
Class A (spouse, parents, descendants) exempt. Class B (siblings, in-laws) $1,000 exempt + tax. Class C (others) $500 exempt.
Dower/curtesy: 1/2 of real estate + 1/2 of surplus personal property
Spouse + descendants: spouse takes 1/2 of real + 1/2 of personal property.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 10 days of death (KRS §394.140)
- ⏱Inheritance tax return: 18 months after death
- ⏱Inventory: within 60 days of appointment
- ⚠Kentucky retains common-law dower / curtesy
- ⚠Inheritance tax catches siblings and non-relatives
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →Class B/C beneficiaries: consider trust structures
- →Lifetime gifting to non-Class-A heirs (within 3 years clawed back)
- Kentucky Revised Statutes Title XXXIV (Wills and Decedents Estates)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Kentucky.
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