KY risk area
Complexity triggers in Kentucky
Scenarios that increase estate risk, such as blended families or multi-state property.
Kentucky allows a surviving spouse to renounce a will for a statutory share and provides a personal property exemption for the spouse or children.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may renounce the will and take the statutory share in place of the will’s provisions.
- Up to $30,000 in personal property or bank funds can be set apart for the surviving spouse (or children if no spouse).
Questions to consider
Questions this risk area helps you evaluate in Kentucky
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Kentucky allows a surviving spouse to renounce a will for a statutory share and provides a personal property exemption for the spouse or children.
- A surviving spouse may renounce the will and take the statutory share in place of the will’s provisions.
- Up to $30,000 in personal property or bank funds can be set apart for the surviving spouse (or children if no spouse).
Sources
- https://law.justia.com/codes/kentucky/chapter-392/section-392-080/
- https://law.justia.com/codes/kentucky/chapter-391/section-391-030/
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Kentucky.