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Spousal Elective Share Law in Kentucky

In Kentucky, a surviving spouse can renounce the will within 6 months after it is admitted to probate and take one-half of the surplus personal property and one-third of the real estate owned at death.

Last checked . General information, not legal advice.

Kentucky at a glance

Elective share
1/2 of surplus personal property, 1/3 of real estate
Also a life estate in 1/3 of real estate owned during the marriage but not at death. Called dower or curtesy.
Deadline to elect
6 months after the will is admitted to probate
The district court can extend this by up to 6 more months if asked within the first 6 months. A will contest restarts the period.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Kentucky

How much can a surviving spouse claim in Kentucky if left out of the will?

Elective share in Kentucky: 1/2 of surplus personal property, 1/3 of real estate. Also a life estate in 1/3 of real estate owned during the marriage but not at death. Called dower or curtesy.

What is the deadline to claim the elective share in Kentucky?

Deadline to elect in Kentucky: 6 months after the will is admitted to probate. The district court can extend this by up to 6 more months if asked within the first 6 months. A will contest restarts the period.

Is Kentucky a community property state?

No. Community property state in Kentucky: no. Not on the IRS list of community property states.

Where do the Kentucky spousal elective share laws come from?

The rules above come from Ky. Rev. Stat. 392.080 and Ky. Rev. Stat. 392.020. Each source is linked on this page. We last checked them in October 2026.

Good to know

KRS 392.020 was amended by 2026 Ky. Acts ch. 134, effective July 15, 2026. Surplus personalty now includes beneficiary, transfer on death and payable on death assets and survivorship property, revocable trust property counts as surplus personalty or real estate, and transfers made less than 2 years before death also count. Life insurance is excluded but life insurance paid to the spouse is credited against the share.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.