Ky. Rev. Stat. » Chapter 391

Ky. Rev. Stat. § 391.030

Descent of personal property -- Exemption for surviving spouse and

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children -- Withdrawal of money from bank by surviving spouse. (1) Except as otherwise provided in this chapter, where any person dies intestate as to his or her personal estate, or any part thereof, the surplus, after payment of funeral expenses, charges of administration, and debts, shall pass and be distributed among the same persons, and in the proportions, to whom and in which real estate is directed to descend, except as follows: (a) The personal estate of an infant shall be distributed as if he or she had died after full age; (b) An alien may be distributee as though he or she were a citizen; and (c) Personal property or money on hand or in a bank or other depository to the amount of thirty thousand dollars ($30,000) shall be exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate on application to the surviving spouse, or, if there is no surviving spouse, to the surviving children. (2) The surviving spouse may, at any time before the property or money is set apart by the court, procure on petition from the Judge of the District Court having jurisdiction over the estate, an order authorizing the surviving spouse to withdraw from any bank or other depository not exceeding two thousand five hundred dollars ($2,500) belonging to the estate. Upon presentation of the order, the bank or depository shall permit the surviving spouse to withdraw the sum and shall lodge the order, endorsing thereon the amount withdrawn, with the circuit clerk who shall retain it in the clerk's files to be considered in connection with further proceedings in the estate and the withdrawal shall be treated as a charge against the property of the estate exempt from distribution. (3) In the application for the setting apart of property or money under subsection (1) of this section, the surviving spouse or, if there is no surviving spouse, the surviving children may make their selection out of the personal property of the estate to the extent that the value of the property selected does not exceed the amount of thirty thousand dollars ($30,000). (4) Where any person dies testate: (a) Personal property or money on hand or in a bank or other depository to the amount of thirty thousand dollars ($30,000) shall be exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate on application of the surviving spouse; (b) If there is no surviving spouse, personal property or money on hand or in a bank or other depository bequeathed to surviving children to the amount of thirty thousand dollars ($30,000) shall be exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate on application by the surviving children; (c) The exemption of the surviving spouse under paragraph (a) of this subsection is not conditioned upon the surviving spouse renouncing the will, and, in the event of renunciation, the surviving spouse shall be entitled to the exemption in addition and prior to determining the statutory share of the surviving spouse under KRS 392.080; and (d) Subsection (3) of this section shall apply with respect to the surviving spouse provided that the surviving spouse shall first select from among the personal property of the residuary estate, then to the extent necessary from among the money on hand or on deposit specifically bequeathed under the will, and then to the extent necessary from among any other personal property specifically bequeathed under the will. Where the selection of the surviving spouse is made up, in whole or in part, from personal property or money on hand or on deposit specifically bequeathed to a beneficiary, such beneficiary shall have a right of contribution on the principles of KRS 394.420 to 394.490 unless the will otherwise directs, or it is necessarily to be inferred therefrom that the testator intended the same to fall on such beneficiary except that there shall be no right of contribution from the surviving spouse. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 24, sec. 1, effective July 15, 2020. -- Amended 2010 Ky. Acts ch. 21, sec. 9, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 362, sec. 1, effective July 15, 2002. -- Amended 1992 Ky. Acts ch. 129, sec. 1, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 27, sec. 1, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 51, sec. 1, effective July 15, 1982; and ch. 277, sec. 7, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 259, sec. 8, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 10, sec. 1; and ch. 14, sec. 351, effective January 2, 1978. -- Amended 1974, Ky. Acts ch. 299, sec. 2; and ch. 328, sec. 3. -- Amended 1972 Ky. Acts ch. 168, sec. 6. -- Amended 1970 Ky. Acts ch. 222, sec. 2. -- Amended 1968 Ky. Acts ch. 144, sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 266. -- Amended 1946 Ky. Acts ch. 163, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1403.

Notes of Decisions
Cited in 35 cases (9 in the last 5 years), 1943–2025 · leading case: Brown v. Sammons
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Brown v. Sammons (1988) ky · cites it 11× “The issue before this Court is whether a surviving spouse who renounces the decedent’s will is entitled to the $7500 spousal exemption allowed by KRS 391.030. The district court adjudged the surviving spouse so entitled and the circuit court affirmed.”
Wood v. Wingfield (1991) ky · cites it 4× “KRS 391.030 provides that the personal property of an intestate decedent shall, after payment of funeral expenses and costs of administration and debts, descend in the same order as the real estate, with certain exceptions not here applicable.”
Branham v. Stewart (2010) ky · cites it 2× “010(2) and KRS 391.030(1). [2] The application and petition were filed on AOC forms 852 and 853.”
Bedinger v. Graybill's & Trustee (1957) kyctapphigh · cites it 2× “KRS 391.030, 392.020. The statute, KRS 199.”
Crain v. Dean (1987) ky “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.”
Arciero v. Hager (1965) kyctapphigh “The parties recognize that but for the adoption the appellant would inherit from his great-uncle pursuant to KRS 391.030. It is further conceded that had there been no change in the adoption statutes of Kentucky since appellant’s adoption in New York, the appellant would have…”
Herren v. Cochran (1985) kyctapp “KRS 391.030. Had either party not given up their dower or curtesy rights, they would be entitled to one-half of the real and personal property of the deceased.”
Luck v. Luck (1986) kyctapp “Finally, in that the antenuptial agreement is not a valid and enforceable agreement, the appellee is entitled to the statutory widow’s exemption provided for in KRS 391.030(l)(c). Although the trial court failed to address this issue, the appel-lee is entitled to an exemption as…”
Mullins v. Mullins (1948) kyctapphigh · cites it 2× “He objected to the allowance of $500 to appellant on the ground that the application for such allowance was not made prior to the appointment of an administrator 'and appraisers as provided in section 391.030, KRS. While the action of the County Court in this respect may have…”
James v. Webb (1991) kyctapp · cites it 2× “See KRS 391.030, 391.-010. The Warren Circuit Court held the Dead Man’s Statute applicable to exclude much of Norma’s testimony concerning her activity with Edwin in entering the safe deposit box.”
Bryant's Adm'r v. Bryant (1954) kyctapphigh “be allowed a fee for his services in this action which, with other cost qf administration, is superior to the widow’s claim, for funeral expenses and distributable share, but is inferi- or to her widow’s exemption under KRS 391.030(c). The lower court directed each party to.”
Ryburn v. First National Bank of Mayfield (1965) kyctapphigh “, as his brother and being the only living person in that class of priority, became the sole heir at law of Ed Gardner and the person in whom the entire estate vested immediately upon the death of Ed Gardner.”
Show all 35 citing cases →
— Ky. Rev. Stat. § 391.030(1) — 3 cases
Branham v. Stewart (2010) ky “010(2) and KRS 391.030(1). [2] The application and petition were filed on AOC forms 852 and 853.”
Crain v. Dean (1987) ky “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.”
Motors Liquidation Company (2020) nysb
— Ky. Rev. Stat. § 391.030(1)(c) — 1 case
Kenneth Brandon Keith Individually v. Debra Cross of the Estate of Judith Magers Keith (2021) kyctapp
— Ky. Rev. Stat. § 391.030(4) — 1 case
Brown v. Sammons (1988) ky “The issue before this Court is whether a surviving spouse who renounces the decedent’s will is entitled to the $7500 spousal exemption allowed by KRS 391.030. The district court adjudged the surviving spouse so entitled and the circuit court affirmed.”
— Ky. Rev. Stat. § 391.030(c) — 2 cases
Bryant's Adm'r v. Bryant (1954) kyctapphigh “be allowed a fee for his services in this action which, with other cost qf administration, is superior to the widow’s claim, for funeral expenses and distributable share, but is inferi- or to her widow’s exemption under KRS 391.030(c). The lower court directed each party to.”
Russell v. Johnson (1952) kyctapp
— Ky. Rev. Stat. § 391.030(l)(c) — 3 cases
Luck v. Luck (1986) kyctapp “Finally, in that the antenuptial agreement is not a valid and enforceable agreement, the appellee is entitled to the statutory widow’s exemption provided for in KRS 391.030(l)(c). Although the trial court failed to address this issue, the appel-lee is entitled to an exemption as…”
McCaslin v. Hamilton (1987) kyctapp
Crittendon v. Saxon (1999) kyctapp
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