Title XXXIV, Descent, Wills, and Administration of Decedents' Estates
9 chapters · 370 sections in this title.
KRS § 392.010 Husband's interest in wife's realty same as wife's interest in his
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All the sections of this chapter, except KRS 392.100, that relate to the wife's dower or interest in the deceased husband's estate, shall apply in all cases, so far as may be, to the husband's interest in the wife's estate.
KRS § 392.020 Surviving spouse's interest in property of deceased spouse -- "Dower" and "curtesy" defined -- Surplus personalty and surplus real estate
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"curtesy" defined -- Surplus personalty and surplus real estate. (1) (a) After the death of the husband or wife intestate, the survivor shall have, in addition to his or her share under KRS 391.010, an estate for his or her life in one-third (1/3) of any real estate of which the …
KRS § 392.030 Actual possession by deceased spouse not necessary for dower or curtesy
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If the deceased spouse, during the coverture, was seized in law of the fee simple of any real estate, then the surviving spouse may have dower or curtesy in that real estate, although the deceased spouse never had actual possession.
KRS § 392.040 Lands in which surviving spouse to have no dower or curtesy
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(1) The surviving spouse shall not have dower or curtesy in land sold but not conveyed by the deceased spouse before marriage, nor in land sold in good faith after marriage to satisfy an encumbrance created before marriage or created by deed in which the surviving spouse joined, …
KRS § 392.050 Rights of surviving spouse pending assignment of dower or curtesy
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The surviving spouse shall be entitled, from the time of the deceased spouse's death until dower or curtesy is assigned, to such share of the rents and profits of the deceased spouse's real estate as is equal to the surviving spouse's share in the real estate itself, under KRS 39…
KRS § 392.060 Dower need not be allotted from all parcels
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Where the lands are not severally held by different devisees or purchasers, dower need not be assigned out of each separate portion, but an equitable allotment may be made in one (1) or more parcels in lieu of the whole.
KRS § 392.070 Recovery of dower or curtesy from heir, devisee or purchaser -- Value of -- Rents
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Rents. When a surviving spouse recovers dower or curtesy against the heir or devisee or purchaser from the decedent, the dower or curtesy shall be according to the value of the estate when received by the heir, devisee or purchaser, and shall not include, in the estimated value, …
KRS § 392.080 Surviving spouse may renounce will -- Form to use when renouncing will -- Share of the surviving spouse in such case -- When devise or bequest is in addition to dower or curtesy
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Share of the surviving spouse in such case -- When devise or bequest is in addition to dower or curtesy. (1) (a) When a husband or wife dies testate, the surviving spouse may, though under full age, release what is given to him or her by will, if any, and receive his or her share…
KRS § 392.090 All property claims barred by divorce or adultery
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(1) Absolute divorce bars all claim of either husband or wife to the property, real and personal, of the other after his or her decease. (2) If either spouse voluntarily leaves the other and lives in adultery, the offending party forfeits all right and interest in and to the prop…
KRS § 392.100 Dower or curtesy rights in event of bigamy
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If a person violates KRS 530.010 the person's first spouse shall, on his conviction, be endowed of one-third (1/3) part of his real estate for life and an absolute interest in one- third (1/3) part of his other estate, to be allotted and recovered as dower or curtesy in other cas…
KRS § 392.110 Default or collusive judgment no bar to dower or curtesy -- Collusive assignment does not bind heir
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assignment does not bind heir. (1) The surviving spouse shall not be barred of dower or curtesy by reason of any judgment rendered by default or collusion against the decedent, if the surviving spouse would be entitled to dower or curtesy had there been no such judgment. (2) No h…
KRS § 392.120 Jointure -- When a bar to dower or curtesy -- Waiver of -- Indemnity for loss of
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loss of. (1) A conveyance or devise of real or personal estate, by way of jointure, may bar the surviving spouse's interest in the property and estate of the deceased spouse. If, however, the jointure is made before marriage without the surviving spouse's consent, or during the s…
KRS § 392.130 Release of dower or curtesy upon sale of estate of infant or mentally disabled spouse
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disabled spouse. The spouse of an infant spouse, or of a spouse judicially declared mentally disabled, if the spouse not under disability is of the age of eighteen (18) years, or if not, with the approval of the Circuit Court, on such terms as it may deem equitable, may unite wit…
KRS § 392.140 Sale or mortgage of dower or curtesy interest of mentally disabled spouse
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Whenever a married person has become a confirmed mentally disabled person, the Circuit Court of the county in which is situated land belonging to the spouse of such disabled person may, upon the petition of the spouse of the mentally disabled person, adjudge the sale and conveyan…