What the rule says
Kentucky's intestacy framework is one of the few in the country that retains traditional dower (and curtesy, the male equivalent) rights in modified form. The framework is codified across several Kentucky statutes:
Personal property distribution (Ky. Rev. Stat. § 391.010 et seq.)
- Spouse and any descendants survive: The spouse takes one-half of the personal estate. Descendants take the other half. - Spouse but no descendants: The spouse takes the entire personal estate. - Descendants but no spouse: Descendants take the entire personal estate by representation.
Real property and dower (Ky. Rev. Stat. § 392.020)
- Spouse and any descendants survive: The surviving spouse has dower (or curtesy) in one-third of the real property in fee simple. Descendants take the remaining two-thirds. - Spouse but no descendants: The spouse takes one-half of the real property in fee simple. Other heirs take the remaining half.
Kentucky's modern dower is one-third of real property in fee simple — a substantial protection that descends to the surviving spouse outright.
What this means in practice
Kentucky's framework treats real and personal property differently and retains traditional dower terminology:
- Kentucky resident dies without a will, leaving a surviving spouse and three mutual children. Estate: $200,000 personal property + $300,000 real property. Spouse takes $100,000 personal property (1/2) + $100,000 real property (1/3 dower) = $200,000. Children together take $100,000 personal + $200,000 real = $300,000. - Kentucky resident dies without a will, leaving a surviving spouse and parent (no descendants). Estate: $200,000 personal + $300,000 real. Spouse takes $200,000 personal (entire) + $150,000 real (1/2) = $350,000. Parent takes $150,000 real.
Kentucky's intestacy outcomes for blended families are similar to mutual-descendants families because Kentucky does not differentiate based on descendant origin — the formulas apply regardless.
What you can do about it
- Kentucky will requirements (Ky. Rev. Stat. § 394.040). A will must be in writing, signed by the testator, and signed by two competent witnesses. - Kentucky recognizes holographic wills under § 394.040(2) — entirely handwritten and signed wills are valid. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Ky. Rev. Stat. § 392.080, a surviving spouse can elect against the will and take the dower share + one-half personal property if it would be larger.
Who this affects most
Kentucky's intestacy formula is most consequential for:
- Married Kentucky residents with significant real property where the dower in one-third applies - Surviving spouses where the modern dower right preserves a meaningful real property share - Estate planners coordinating Kentucky-specific dower with overall planning
Kentucky's retention of dower in modern form is among the most distinctive features of Kentucky succession law. A will is the only mechanism to direct different distribution.