Title XXXIV, Descent, Wills, and Administration of Decedents' Estates

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…

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…

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…

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…

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…

As used in this chapter: (1) "Administrator" means the Kentucky State Treasurer; (2) "Administrator's agent": (a) Means a person with which the administrator contracts to conduct an examination under KRS 393A.550 to 393A.650 on behalf of the administrator; and (b) Includes an ind…

If any property having a situs in this state has been devised or bequeathed to any person and is not claimed by that person or by his heirs, distributees, or devisees within three (3) years after the death of the testator, or if the owner of any property having a situs in this st…

This chapter shall not apply to: (1) Property held, due, and owing in a foreign country if the transaction out of which the property arose was a foreign transaction; (2) Money, funds, or any other intangible property held by or owing: (a) To a nonprofit exempt under Section 501(c…

(1) As used in this section: (a) "Book-entry bond" means a savings bond maintained by the United States Treasury in electronic or paperless form as a computer record; (b) "Definitive bond" means a savings bond issued by the United States Treasury in paper form; (c) "Final maturit…

(1) The personal representative of a person, any part of whose property is not distributed by will, and who died without heirs or distributees entitled to it shall settle their accounts within one (1) year after qualifying, and pay to the department the proceeds of all personal p…

The administrator may promulgate administrative regulations under KRS Chapter 13A to implement and administer this chapter. In promulgating the administrative regulations, the administrator shall use the most cost-effective methods available for the submission of reports to the a…

(1) The unclaimed property trust fund is established in the Treasury of the Commonwealth. (2) The trust fund shall be administered by the Finance and Administration Cabinet and all money in excess of the amount to be disbursed in a given fiscal year shall be invested to maximize …

If any devisee or legatee, or his heir, devisee, or distributee, has failed for seven (7) years to claim his legacy or devise, the personal representative of the testator, or other person possessing it shall, after deducting the legal liabilities thereon, pay and deliver it and t…

Subject to KRS 393A.120, the following property shall be presumed abandoned if it is unclaimed by the apparent owner during the period specified below: (1) A traveler's check, fifteen (15) years after issuance; (2) A money order, seven (7) years after issuance; (3) A state or mun…

Except as provided in KRS 422.132, when a person owning any property having a situs in this state is not known to be living for seven (7) successive years, and neither he nor his heirs, devisees, or distributees can be located or proved to have been living for seven (7) successiv…

(1) Subject to KRS 393A.120, property held in a pension account or retirement account that qualifies for tax deferral under the income-tax laws of the United States shall be presumed abandoned if it is unclaimed by the apparent owner three (3) years after the later of: (a) The fo…

Subject to KRS 393A.120 and except for property described in KRS 393A.050 and property held in a plan described in 26 U.S.C. sec. 529A, property held in an account or plan, including a health savings account, that qualifies for tax deferral under the income- tax laws of the Unite…

held by an insurance carrier and owed to an insured employer. (1) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, refunds of workers' compensation special fund assessments levied in accordance with KRS 342.122 shall be deemed "unclaimed refunds" if…

government. (1) All tangible personal property or intangible personal property, including choses in action in amounts certain, and all debts owed or entrusted funds or other property held by the federal government or any federal agency, or any officer, or appointee thereof, shall…

(1) Subject to KRS 393A.120, property held in an account established under the Uniform Transfers to Minors Act, KRS 385.012 to 385.242, shall be presumed abandoned if it is unclaimed by or on behalf of the minor on whose behalf the account was opened three (3) years after the lat…

Tangible property held in a safe-deposit box and proceeds from a sale of the property by the holder permitted by law of this state other than this chapter are presumed abandoned if the property remains unclaimed by the apparent owner five (5) years after the earlier of the: (1) E…

The following funds held or owing are presumed abandoned: (1) Any deposit of money, stocks, bonds, or other credits made to secure payment for services rendered or to be rendered, or to guarantee the performance of services or duties, or to protect against damage or harm, and the…

393.080(3) -- Administration and distribution of fund -- Claims procedures. (1) Unclaimed sums delivered to the Kentucky State Treasurer pursuant to KRS 393.080(3) shall be placed in a special expendable trust fund established by the Kentucky Workers' Compensation Funding Commiss…

(1) Subject to Section KRS 393A.120, the net card value of a stored-value card, other than a payroll card or a gift card, shall be presumed abandoned on the latest of three (3) years after: (a) December 31 of the year in which the card is issued or additional funds are deposited …

(1) Subject to KRS 393A.120, a security shall be presumed abandoned three (3) years after: (a) The date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States Postal …

At and after the time property is presumed abandoned under this chapter, any other property right or interest accrued or accruing from the property and not previously presumed abandoned shall also be presumed abandoned.

presumed abandoned. (1) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned, is void and unenforceable if it was entered into during the period commencing on the date that the prop…

(1) The period after which property shall be presumed abandoned shall be measured from the later of: (a) The date the property is presumed abandoned under this chapter; or (b) The latest indication of interest by the apparent owner in the property. (2) Under this chapter, an indi…

(1) As used in this section, "death master file" means the United States Social Security Administration Death Master File or other database or service that is at least as comprehensive as the United States Social Security Administration Death Master File for determining that an i…

If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check or draft-writing privileges for the beneficiary of the policy or contract and, under a supplementary contract not involving annuity benefits other than deat…

In KRS 393A.150 to 393A.210: (1) The last-known address of an apparent owner shall be any description, code, or other indication of the location of the apparent owner which identifies the state, even if the description, code, or indication of location shall not be sufficient to d…

The administrator may take custody of property that is presumed abandoned, whether located in this state, another state, or a foreign country if: (1) The last-known address of the apparent owner in the records of the holder is in this state; or (2) The records of the holder do no…

(1) Except as provided in subsection (2) of this section, if records of a holder reflect multiple addresses for an apparent owner and this state is the state of the most recently recorded address, this state may take custody of property presumed abandoned, whether located in this…

occurred. Whenever any property escheated under this chapter by reason of actual abandonment, or death or presumption of death of the owner without leaving any person entitled to take the legal or equitable title under the laws of this state relating to wills, or descent and dist…

(1) Except as provided in subsection (2) of this section or KRS 393A.160 or 393A.170, the administrator may take custody of property presumed abandoned, whether located in this state, another state, or a foreign country, if the holder is domiciled in this state or is this state o…

Except as in KRS 393A.160, 393A.170, or 393A.180, the administrator may take custody of property presumed abandoned whether located in this state or another state if: (1) The transaction out of which the property arose took place in this state; (2) The holder is domiciled in a st…

The administrator may take custody of sums payable on a traveler's check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. secs. 2501 to 2503, as amended.

If the county attorney declines to perform the duties imposed upon him by this chapter, they may be performed by the State Treasurer. When he considers it to the best interest of the state, the State Treasurer may institute any action authorized by this chapter to be brought by t…

If the administrator asserts a right to custody of unclaimed property, the administrator has the burden to prove: (1) The existence and amount of the property; (2) The property shall be presumed abandoned; and (3) The property shall be subject to the custody of the administrator.

(1) A holder of property presumed abandoned and subject to the custody of the administrator shall report in a record to the administrator concerning the property. A holder shall not be required to file a report if the holder has no property that is presumed abandoned. The adminis…

(1) The report required under KRS 393A.220 shall: (a) Be signed by or on behalf of the holder and verified as to its completeness and accuracy; (b) If filed electronically, be in a secure format approved by the administrator which protects confidential information of the apparent…

(1) Except as otherwise provided in subsection (2) of this section, and subject to subsection (3) of this section, the report under KRS 393A.220 shall be filed before November 1 of each year and cover the twelve (12) months preceding July 1 of that year. (2) Subject to subsection…

A holder required to file a report under KRS 393A.220 shall retain records for ten (10) years after the later of the date the report was filed or the last date a timely report was due to be filed, unless a shorter period shall be provided by rule of the administrator. The holder …

Any necessary expense required to be paid by the state in administering and enforcing this chapter shall be paid out of the abandoned property fund.

Property shall be reportable and payable or deliverable under this chapter even if the owner fails to make demand or present an instrument or document otherwise required to obtain payment.

(1) Subject to subsection (2) of this section, the holder of property presumed abandoned shall send to the apparent owner notice by first-class United States mail that complies with KRS 393A.280 in a format acceptable to the administrator not more than one hundred eighty (180) da…

(1) Notice under KRS 393A.270 shall contain a heading that reads substantially as follows: "Notice. The Commonwealth of Kentucky requires us to notify you that your property may be transferred to the custody of the Kentucky State Treasurer if you do not contact us before (insert …

(1) The administrator shall give notice to an apparent owner that property presumed abandoned and appears to be owned by the apparent owner shall be held by the administrator under this chapter. (2) In providing notice under subsection (1) of this section, the administrator shall…

Unless prohibited by law other than this chapter, on request of the administrator, each officer, agency, board, commission, division, and department of this state, any body politic and corporate created by this state for a public purpose, and each political subdivision of this st…

supervision. No person shall institute proceedings to escheat real property the title to which was acquired by any lending corporation in satisfaction of debts previously contracted in the course of its business, or that it purchases under a judgment for any such debt in its favo…