Title XXXIV, Descent, Wills, and Administration of Decedents' Estates
9 chapters · 370 sections in this title.
KRS § 397.1001 Definitions for chapter
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As used in this chapter, unless the context requires otherwise: (1) "Co-owners with right of survivorship" means and includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one (1) or more to the whole o…
KRS § 397.1002 Requirement of survival by one hundred twenty (120) hours
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Except as provided in KRS 397.1006, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead, or family allowance depends upon an individual's survivorship of the death of another individual, an i…
KRS § 397.1003 Presumptions of survivorship when donative provisions of a governing instrument are affected
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instrument are affected. Except as provided in KRS 397.1006, for purposes of a donative provision of a governing instrument, an individual who is not established by clear and convincing evidence to have survived an event, including the death of another individual, by one hundred …
KRS § 397.1004 Co-owner with right of survivorship -- Requirement of survival by one hundred twenty (120) hours
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hundred twenty (120) hours. Except as provided in KRS 397.1006: (1) If it is not established by clear and convincing evidence that one (1) of two (2) co- owners with right of survivorship survived the other co-owner by one hundred twenty (120) hours, one-half (1/2) of the propert…
KRS § 397.1005 Evidence of death or status
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In addition to the rules of evidence in courts of general jurisdiction, for the purposes of KRS 397.1001 to 397.1007 only, the following rules relating to a determination of death and status shall apply: (1) Death shall be deemed to occur when the requirements of KRS 446.400 have…
KRS § 397.1006 Exceptions in which specified survival requirement does not apply
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Survival by one hundred twenty (120) hours is not required if: (1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case; (2) The governing instrument express…
KRS § 397.1007 Protection of payors, bona fide purchases, and other third parties -- Personal liability of recipient
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Personal liability of recipient. (1) (a) A payor or other third party shall not be liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument who, under this chapter, is not entitled to the paymen…
KRS § 397.1008 Uniformity of application and construction
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This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
KRS § 397.1009 Short title for chapter
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This chapter may be cited as the Uniform Simultaneous Death Act (1991).