"curtesy" defined.
After the death of the husband or wife intestate, the survivor shall have an estate in fee of
one-half (1/2) of the surplus real estate of which the other spouse or anyone for the use of
the other spouse, was seized of an estate in fee simple at the time of death, and shall have
an estate for his or her life in one-third (1/3) of any real estate of which the other spouse
or anyone for the use of the other spouse, was seized of an estate in fee simple during the
coverture but not at the time of death, unless the survivor's right to such interest has been
barred, forfeited or relinquished. The survivor shall also have an absolute estate in one-
half (1/2) of the surplus personalty left by the decedent. Unless the context otherwise
requires, any reference in the statutes of this state to "dower" or "curtesy" shall be deemed
to refer to the surviving spouse's interest created by this section.
Effective: July 1, 1956
History: Amended 1956 Ky. Acts ch. 117, sec. 2, effective July 1, 1956. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2132.
Notes of Decisions
Cited in
56
cases (
5 in the last 5 years), 1944–2026 · leading case:
Sexton v. Sexton, 125 S.W.3d 258 (Ky. 2004).
Sexton v. Sexton, 125 S.W.3d 258 (Ky. 2004).
“KRS 392.020. 2 . Autumn Park owns several apartment buildings.”
Brown v. Sammons, 743 S.W.2d 23 (Ky. 1988).
· cites it 4× “receive his or her share under KRS 392.020 as if no will had been made_” KRS 392.”
Hedden v. Hedden, 312 S.W.2d 891 (Ky. Ct. App. 1958).
· cites it 8× “Hedden, filed complaint in the Woodford Circuit Court and requested that her rights as surviving widow be declared under the 1956 revision of KRS 392.020 generally known as the dower statute.”
Ladd v. Ladd, 323 S.W.3d 772 (Ky. Ct. App. 2010).
“Thus, Mary was technically entitled to a share of Jesse’s non-Trust assets under KRS 392.020. However, Mary elected to treat the Will as valid and instead renounced the Will and claimed a share of the non-Trust assets under KRS 392.”
Harris v. Rock, 799 S.W.2d 10 (Ky. 1990).
· cites it 2× “Although one might assume otherwise from a casual reading of the Majority Opinion, a dower interest in this Commonwealth is not a constitutionally protected common law right, but an interest defined by a statute, KRS 392.020, and as such it is confined to the "surplus real…”
Goshorn v. Wilson, 372 S.W.3d 436 (Ky. Ct. App. 2012).
“Richard claimed Dorothy’s will was invalid and that he desired to receive his statutory share of her remaining assets in accordance with KRS 392.020. Subsequently, Wilson filed a complaint as executrix of Dorothy’s estate against Richard; Wilson individually, as well as her two…”
Mattingly v. Gentry, 419 S.W.2d 745 (Ky. Ct. App. 1967).
· cites it 3× “On remand of the case a controversy developed over the meaning of our opinion in the light of KRS 392.020, the dower statute, which reads as follows: “After the death of the husband or wife intestate, the survivor shall have an estate in fee of one-half of the surplus real…”
Hannah v. Hannah, 824 S.W.2d 866 (Ky. 1992).
· cites it 3× “KRS 392.020 delineates the extent of the dower interest.”
Lincoln Bank & Trust Co. v. Huber, 240 S.W.2d 89 (Ky. Ct. App. 1951).
“It appears to he the contention of all the parties that since the share allotted to the surviving spouse by KRS 392.020 is not included in the taxable estate for federal estate tax purposes, that share should not have to bear any portion of the federal estate tax imposed upon…”
First Union Home Equity Bank, N.A. v. Bedford Loan & Deposit Bank, 111 S.W.3d 892 (Ky. Ct. App. 2003).
“020 which states in pertinent part: After the death of the husband or wife intestate, the survivor shall have an estate in fee of one-half (1/2) of the surplus real estate of which the other spouse or anyone for the use of the other spouse, was seized of an estate in fee simple…”
Wides v. Wides' Ex'r, 184 S.W.2d 579 (Ky. Ct. App. 1944).
“There is the statute, KRS 392.020, creating a dowerable estate for the surviving widow by providing that she shall have an estate for her life in one-third of all the real estate of which her husband was seized in fee simple during coverture and an absolute estate in one-half of…”
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