When a person having right or title to any real estate or inheritance dies intestate as to such estate, it shall descend in common to his kindred, male and female, in the following order, except as otherwise provided in this chapter: (1) To his children and their descendants; if there are none, then (2) To his father and mother, if both are living, one (1) moiety each; but if the father is dead, the mother, if living, shall take the whole estate; if the mother is dead, the whole estate shall pass to the father; if there is no father or mother, then (3) To his brothers and sisters and their descendants; if there are none, then (4) To the husband or wife of the intestate; if there are none surviving, then
(5) One (1) moiety of the estate shall pass to the paternal and the other to the maternal kindred, in the following order:
(a) The grandfather and grandmother equally, if both are living; but if one is dead, the entire moiety shall go to the survivor; if there is no grandfather or grandmother, then (b) To the uncles and aunts and their descendants; if there are none, then (c) To the great-grandfathers and great-grandmothers, in the same manner prescribed for grandfather and grandmother by subsection (a); if there are none, then (d) To the brothers and sisters of the grandfathers and grandmothers and their descendants; and so on in other cases without end, passing to the nearest lineal ancestors and their descendants.
(6) If there is no such kindred to one of the parents as is described in subsection (5), the whole to go to the kindred of the other. If there is neither paternal nor maternal kindred, the whole shall go to the kindred of the husband or wife, as if he or she had survived the intestate and died entitled to the estate. History: Amended 1974 Ky. Acts ch. 328, sec. 2. -- Amended 1956 Ky. Acts ch. 132, sec. 1, effective May 18, 1956. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1393.
Notes of Decisions
Cited in
47
cases (
4 in the last 5 years), 1943–2025 · leading case:
Wood v. Wingfield, 816 S.W.2d 899 (Ky. 1991).
Wood v. Wingfield, 816 S.W.2d 899 (Ky. 1991).
· cites it 10× “KRS 391.010 provides that the real estate of an intestate decedent descends first to "his children and their descendants .”
Branham v. Stewart, 307 S.W.3d 94 (Ky. 2010).
· cites it 2× “See KRS 391.010(2) and KRS 391.030(1). [2] The application and petition were filed on AOC forms 852 and 853.”
Ryburn v. First Nat'l Bank of Mayfield, 399 S.W.2d 313 (Ky. Ct. App. 1965).
· cites it 5× “, operated as a waiver, surrender, and disclaimer of any interest which either then had or subsequently might have in the Ed Gardner estate and that such relinquishment operated to make Bunk Stephen Gardner and Anne Gardner the next in line of succession as heirs at law of Ed…”
Pyles v. Russell, 36 S.W.3d 365 (Ky. 2000).
· cites it 2× “The issue presented was whether an adopted child is a “decedant” for purposes of intestate succession under KRS 391.010(1). Unlike Kentucky, Tennessee law allows adopted children to inherit through their biological parents, if the children were adopted after the death of the…”
Cox v. Cooper, 510 S.W.2d 530 (Ky. Ct. App. 1974).
“For the benefit of those who may not have a passing familiarity with the laws of Kentucky, KRS 391.010 and 391.030 provide that the personal estate of one who dies intestate and without descendants shall pass equally to his father and mother, if both are living.”
Motorists Mut. Ins. Co. v. Richmond, 676 S.W.2d 478 (Ky. Ct. App. 1984).
· cites it 2× “KRS 391.010. Thus, when Richmond returned to the property following Durham’s death she was not a surrepti-cious trespasser.”
Fykes v. Clark, 635 S.W.2d 316 (Ky. 1982).
“At the outset, we must first determine whether an illegitimate, posthumous child has standing to prove his paternity, so as to establish his right to inherit from his natural father by intestate succession.”
Phelps v. Sledd, 479 S.W.2d 894 (Ky. Ct. App. 1972).
“KRS 391.010(2) ; 4 Thompson on Real Property, Section 2003, Pages 535-536; Simes, Law of Future Interest, Section 35; 28 Am.”
Crain v. Dean, 741 S.W.2d 655 (Ky. 1987).
“Dean’s interest and opposition arises as a result of KRS 391.010(6) and KRS 391.030(1). 2 . Whether appellants had rested and whether the trial court abused its discretion in permitting them to reopen the case is not an issue before us.”
Graham v. Jones, 386 S.W.2d 271 (Ky. Ct. App. 1965).
· cites it 2× “We think the testator’s use of the words “descend to my nearest -blood relatives under the laws of the State of Kentucky” clearly evinces his intention to adopt the Kentucky law of descent and distribution (KRS 391.010) as the basis for distribution of the remainder interest.”
Skinner v. Morrow, 318 S.W.2d 419 (Ky. Ct. App. 1958).
“This is on the theory that a 1956 amendment to the statute of descent, KRS 391.010, should apply to Mr. Skinner’s estate because distribution of his estate had not been made prior to the effective date of the amendment.”
— Ky. Rev. Stat. § 391.010(1) — 2 cases
Wood v. Wingfield, 816 S.W.2d 899 (Ky. 1991).
“KRS 391.010 provides that the real estate of an intestate decedent descends first to "his children and their descendants .”
Pyles v. Russell, 36 S.W.3d 365 (Ky. 2000).
“The issue presented was whether an adopted child is a “decedant” for purposes of intestate succession under KRS 391.010(1). Unlike Kentucky, Tennessee law allows adopted children to inherit through their biological parents, if the children were adopted after the death of the…”
— Ky. Rev. Stat. § 391.010(2) — 3 cases
Branham v. Stewart, 307 S.W.3d 94 (Ky. 2010).
“See KRS 391.010(2) and KRS 391.030(1). [2] The application and petition were filed on AOC forms 852 and 853.”
Phelps v. Sledd, 479 S.W.2d 894 (Ky. Ct. App. 1972).
“KRS 391.010(2) ; 4 Thompson on Real Property, Section 2003, Pages 535-536; Simes, Law of Future Interest, Section 35; 28 Am.”
— Ky. Rev. Stat. § 391.010(3) — 3 cases
Graham v. Jones, 386 S.W.2d 271 (Ky. Ct. App. 1965).
“We think the testator’s use of the words “descend to my nearest -blood relatives under the laws of the State of Kentucky” clearly evinces his intention to adopt the Kentucky law of descent and distribution (KRS 391.010) as the basis for distribution of the remainder interest.”
— Ky. Rev. Stat. § 391.010(5) — 3 cases
— Ky. Rev. Stat. § 391.010(6) — 1 case
Crain v. Dean, 741 S.W.2d 655 (Ky. 1987).
“Dean’s interest and opposition arises as a result of KRS 391.010(6) and KRS 391.030(1). 2 . Whether appellants had rested and whether the trial court abused its discretion in permitting them to reopen the case is not an issue before us.”
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