KY state guide
Kentucky estate risk overview
This guide explains how estate outcomes work in Kentuckywhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Kentucky intestacy combines dower/curtesy rules with a separate descent order for real estate and personal property.
- A surviving spouse receives one-half of the surplus real estate owned at death and one-half of the surplus personal property.
- Remaining real estate descends to descendants first, then parents, then siblings and more remote kindred in order.
- Personal property follows the same descent order after expenses, with a $30,000 exemption set aside for the surviving spouse (or children if no spouse).
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36175
- https://law.justia.com/codes/kentucky/chapter-391/section-391-010/
- https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49987
- https://www.nolo.com/legal-encyclopedia/intestate-succession-kentucky.html
- https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49404
Probate process
Kentucky allows dispensing with administration by agreement when there are no debts, and permits transfer without administration when the spouse’s statutory exemption covers the estate.
- Administration may be dispensed with if there are no debts and all beneficiaries agree in writing.
- The agreement is filed in District Court, which can order that no administration occur.
- The court may order transfer without administration when the spouse’s exemption equals or exceeds probatable assets.
- Transfer without administration can apply in testate or intestate estates and may be ordered without bond.
- Dispensing with administration requires written consent from all beneficiaries or heirs.
Estate and inheritance tax exposure
Kentucky imposes an inheritance tax with exemptions and rates based on beneficiary class.
- Class A beneficiaries (spouse, parent, child, grandchild, sibling) are exempt.
- Class B beneficiaries receive a $1,000 exemption and are taxed at 4% to 16%.
- Class C beneficiaries receive a $500 exemption and are taxed at 6% to 16%.
- Inheritance tax rates depend on beneficiary class, and close relatives are often exempt or taxed at lower rates.
Guardianship for minors
Kentucky guardianship for minors is handled in District Court, which appoints a guardian to manage the minor’s care or property.
- A guardian is an individual or entity appointed by the District Court to have care, custody, and control of a minor.
- Interested persons include adult relatives, friends, or agencies concerned with the minor’s welfare.
- Kentucky recognizes limited guardians and conservators for different scopes of responsibility.
Risk areas
Explore estate risk dimensions in Kentucky
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Kentucky
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Overlooking inheritance tax exposure for non-exempt heirs.
Who is most exposed
Higher default risk in Kentucky
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
- Higher-net-worth estates near state tax thresholds.
Next: explore planning options in Kentucky
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.