Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Kentucky law, a surviving spouse may be entitled to a statutory allowance from the decedent’s estate to provide support during probate. See Kentucky Revised Statutes (KRS) 395.025. A valid, complete marriage certificate serves as primary evidence of marital status when filing an allowance claim.
If the marriage certificate is incomplete (for example, missing signatures or county recorder stamp) or entirely missing, the probate court will require alternative proof of marriage before approving the surviving spouse’s allowance. Common forms of secondary proof include:
- Certified church or religious ceremony records showing the parties were married.
- Sworn affidavits from witnesses who attended the marriage ceremony.
- Joint federal or state tax returns, health insurance records, or deeds listing both spouses.
- A delayed registration of marriage obtained under KRS 199.505, which allows a court-ordered certificate when none was originally filed.
To secure a delayed marriage certificate, the surviving spouse must petition the county clerk’s office, submit supporting affidavits, and may appear at a brief hearing. Once the delayed certificate or equivalent proof is in hand, file a motion with the probate court to amend the estate records and assert your allowance claim.
If you cannot provide satisfactory proof of marriage, the court may deny or postpone the allowance, potentially leaving you without statutory support. Promptly gathering alternative evidence and seeking a delayed registration minimizes delays and protects your statutory rights.
Helpful Hints
- Contact the county clerk in the county where you believe the marriage was recorded to request a certified copy.
- Gather sworn statements from relatives or friends who witnessed the marriage.
- Check financial documents (tax returns, insurance) for proof of joint marital status.
- File for a delayed marriage certificate as early as possible to avoid probate delays.
- Consult the probate court clerk about local procedures and required forms.