What rights does a surviving spouse have in Kentucky when a spouse dies without a will and the deceased’s family is cutting you out?

Short answer: As the surviving spouse of someone who died intestate (without a will) in Kentucky, you have important legal rights — including priority to serve as the estate’s administrator, a statutory share of the deceased’s probate estate, certain protections for the home and household items, and the right to start probate proceedings if necessary. If the deceased’s family is excluding you from decisions (funeral, access to accounts, or control of property), you can petition the probate court to enforce your rights and to be appointed the personal representative. This article explains the steps to take, the basic legal rules under Kentucky law, and practical tips to protect yourself.

Disclaimer

This is general information, not legal advice. I am not an attorney. For advice specific to your situation, contact a Kentucky probate attorney or use the Kentucky Bar Association referral resources listed below.

Detailed answer — your rights and how to enforce them in Kentucky

1. Who inherits when there is no will?

When someone dies intestate in Kentucky, state law determines who inherits the decedent’s probate property (property that passes through probate). The surviving spouse is a primary heir. Exactly what the spouse receives depends on whether the decedent left surviving children, parents, or other relatives. Intestate rules are set out in Kentucky law; you can look up the Kentucky Revised Statutes on intestate succession and related probate rules at the Kentucky Legislature’s statute search (https://apps.legislature.ky.gov/law/statutes/).

2. Priority to administer the estate

If no executor (named in a will) exists because there is no will, someone must be appointed by the probate court to administer the estate. Surviving spouses are generally first in line to serve as personal representative (administrator). Being appointed gives you legal authority to act for the estate (collect assets, pay debts, distribute property under intestacy rules). If the decedent’s family refuses to allow you to act, you can ask the probate court to appoint you and to stop the family from interfering.

3. Rights to possession and control of certain property

– Jointly owned property with rights of survivorship or tenancy by the entirety typically passes automatically to the surviving joint owner and does not go through probate.
– Bank accounts titled solely in the decedent’s name may be frozen, but as the administrator you can petition the court for access. Some banks will release small amounts for funeral expenses on proof of death.
– The surviving spouse often has statutory protections such as a homestead or family allowance that help preserve the family home and support the surviving spouse during probate.

4. Funeral and disposition decisions

Kentucky law gives certain persons the right to control disposition (funeral, burial, cremation). If a spouse is alive, the spouse is normally top of the list to make those decisions. If other family members are attempting to arrange disposition over your objections, you can ask the court to confirm your right and, if necessary, obtain an order directing the funeral home and others to follow your instructions.

5. What you can do immediately if the family is cutting you out

– Get multiple certified copies of the death certificate from the funeral home or the county health department.
– Contact the probate court in the county where your spouse lived and ask how to file a petition to open an estate (petition for administration). Filing starts the court process and gives you access to appointment as administrator.
– If the family is preventing access to the decedent’s body or personal property, ask the court for emergency relief (temporary order) to protect the estate and your rights.
– If there are children, ensure their safety and consult family court if custody or emergency orders are needed.

6. When to involve law enforcement

If family members are threatening violence, taking property unlawfully (theft), or blocking you from retrieving your personal belongings from the marital home, call local law enforcement. For civil disputes (who controls the estate), probate court is the correct forum; for criminal threats or theft, police are appropriate.

7. Common documents and evidence you will need

Death certificate, marriage certificate, any documents showing ownership of property (deed, vehicle title), financial statements, account titles, insurance policies, and any communications or documents about funeral wishes. If you have none of these, the probate court can still proceed but having documents speeds the process.

8. Timeframes and costs

Probate timelines vary by county and complexity. A simple administration can close in several months; complex estates take longer. There are court filing fees and often attorney fees. As administrator, you will be accountable to the court and to heirs for prudent handling of estate matters.

9. Practical remedies if the family is excluding you

– File to be appointed administrator (probate). Once appointed, you have statutory authority.
– Ask for injunctive relief or temporary orders if the family is dissipating assets.
– Seek an accounting if the family claims they are holding assets for you but won’t produce records.
– If there is bad faith conduct (concealing assets, theft), the court can impose sanctions and may refer matters for criminal prosecution.

Relevant Kentucky resources and law

Kentucky Revised Statutes and statute search: https://apps.legislature.ky.gov/law/statutes/ (search for “intestate succession,” “probate,” and related terms).
Kentucky Court of Justice — general information about probate and court contacts: https://kycourts.gov
Kentucky Bar Association — lawyer referral and resources: https://kybar.org

Helpful Hints

Start probate promptly. Filing a petition for administration establishes your legal standing and starts the court’s oversight.
Collect and preserve evidence: keep copies of any communications where family members exclude you or refuse to return property.
Get the certified death certificate early — many institutions require it to release funds or allow you to act.
Identify assets quickly — some assets (bank accounts, safe deposit boxes, property) need protection from removal or misuse.
Keep a record of your time and expenses if you act for the estate; courts reimburse reasonable costs from estate assets.
If immediate access to the body or funeral decisions is being denied, ask the probate court for emergency relief — courts can act quickly in those circumstances.
Speak with a probate attorney for a short consult — many Kentucky attorneys offer limited-scope help or initial consultations at a fixed fee.
Use local court clerks as a resource to learn filing procedures and required forms for your county’s probate court.

When to talk with an attorney

Contact a Kentucky probate attorney promptly if: family members are hiding or dissipating assets; multiple heirs dispute distribution; you need emergency court orders to protect estate property; there are allegations of theft or fraud; or you need help petitioning the court to be appointed administrator. Even if you plan to handle a simple estate yourself, an attorney can help avoid mistakes that could cost more later.

Again, this is information only, not legal advice. For tailored guidance, consult a Kentucky probate attorney or the Kentucky Bar Association referral service.