What Happens if You Die Without a Will in Kentucky?
No will means Kentucky's intestate succession law determines who will inherit from your estate. Kentucky also recently changed how this works. A reform effective July 15, 2026 changed the state's older dower-and-curtesy formula and added new real estate rules, though dower and curtesy still apply to personal property.
If You are Married with Children
Kentucky recognizes a difference between real estate and personal property when it comes to inheritance.
Real estate
- If every surviving child or descendant is also a descendant of your spouse, your spouse inherits all of the real estate you own.
- If you or your spouse has a child from outside the marriage, your spouse inherits 1/2. Your children inherit the other 1/2, divided equally.
Personal property
- Your spouse inherits an absolute 1/2 of your "surplus personalty" (most beneficiary-designated, payable-on-death, jointly owned, and certain trust assets), regardless of whether your children are shared.
- Your spouse may also hold a life estate in 1/3 of any real estate you owned during the marriage but no longer owned at death.
If You are Married Without Children
Your spouse inherits your entire estate if you have no living children.
If You Don't Have a Spouse, but Have Children
Your children inherit your estate and split it equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, the estate goes to your siblings next.
If No Living Relatives Can Be Found
Your property goes to the state of Kentucky. It’s important to note that this rarely happens given how thoroughly the state searches for even the most distant relatives.
Other Things to Know about Dying Without a Will in Kentucky
- Unmarried partners have no automatic inheritance rights under Kentucky's intestate succession statute.
- Kentucky is one of only a handful of states with a direct inheritance tax, which can apply to more distant relatives and non-relatives even though close family is exempt.
- A non-marital child's rights to inherit depend on acknowledgment or a judicial determination of paternity.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Kentucky, your estate may still avoid full administration if it's valued at $30,000 or less, using a notarized small estate affidavit. Larger estates go through the District Court, which must keep the estate open at least six months.
See our in-depth article to learn more about probate in Kentucky.
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