Detailed Answer
Under Kentucky’s intestate statutes (KRS 391.010 et seq.), a surviving spouse has a statutory share of the decedent’s estate when the decedent dies without a valid will. That share depends on which heirs survive the decedent.
Kentucky’s Elective Share
Kentucky provides an elective share system rather than a life estate election. A surviving spouse may elect to take a fractional share of the augmented estate under KRS 391.020. The default intestate share under KRS 391.010 varies based on whether the decedent left children, parents, or other next of kin.
Life Estate Election
Kentucky law does not grant a statutory right to elect a life estate in the decedent’s real property in lieu of the intestate or elective share. You cannot unilaterally convert your share into a lifetime right to occupy or receive income from the home.
Homestead and Family Allowances
You may still claim a homestead allowance and family allowances under KRS 391.070. These allowances let you occupy the residence or receive cash during estate administration.
Next Steps
If you wish to secure a life estate, negotiate directly with the estate’s administrator and other heirs. You can agree to accept a life estate in the residence in exchange for reducing your intestate or elective share. Any such agreement must be in writing and recorded with the county clerk. Consult a Kentucky attorney to draft and record a binding deed.
Disclaimer: This article provides general information and does not constitute legal advice. For guidance tailored to your situation, contact a qualified Kentucky attorney.
Helpful Hints
- Review KRS 391.010–.070 to understand intestate shares and allowances.
- Make an elective share election within six months of the administrator’s appointment (KRS 391.080).
- Record any life estate agreement with your county clerk to protect your interest.
- Include lifetime gifts in the augmented estate when calculating your elective share.
- Evaluate homestead and family allowances before choosing between your intestate share and elective share.