Share of the surviving spouse in such case -- When devise or bequest is in addition to dower or curtesy.
(1) (a) When a husband or wife dies testate, the surviving spouse may, though under full age, release what is given to him or her by will, if any, and receive his or her share under KRS 392.020 as if no will had been made, except that in such case the share in any real estate of which the decedent or anyone for the use of the decedent was seized of an estate in fee simple at the time of death shall be only one-third (1/3) of such real estate. Such relinquishment shall be acknowledged before an officer authorized to administer oaths under the laws of this state and evidenced by the officer's certificate. The relinquishment and certificate shall be in substantially the following form: I,__________, am the surviving spouse of __________. Except as provided in KRS 392.080(2), I hereby release what is given to me by the will of my said deceased spouse. I understand I will now receive the share to which I am entitled pursuant to KRS 392.080. ________________________ Surviving Spouse THE STATE OF __________ COUNTY OF __________ Subscribed to and acknowledged before me by __________, the surviving spouse of __________, this __________day of __________. ____________________________ (Officer's signature and capacity) (b) To be effective, such relinquishment and certificate shall be filed both with the clerk of the court which admitted the will of the deceased spouse to probate and the county clerk of the county where the will of the deceased spouse was admitted to probate, within six (6) months after the admission of the will to probate. If, within those six (6) months, an action contesting the will is brought, the surviving spouse need not make such relinquishment until within six (6) months succeeding the time when the action is disposed of. Provided, however, the period for renunciation may be extended not exceeding six (6) additional months by order entered by the district court upon application of the surviving spouse for such extension within six (6) months after the date of probate.
(2) Subsection (1) does not preclude the surviving spouse from receiving his or her share under KRS 392.020, in addition to any bequest or devise to him or her by will, if such is the intention of the testator, plainly expressed in the will or necessarily inferable from the will. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 21, sec. 10, effective July 15, 2010. -- Amended 1978 Ky. Acts ch. 384, sec. 513, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 352, effective January 2, 1978. -- Amended 1972 Ky. Acts ch. 168, sec. 7. -- Amended 1956 Ky. Acts ch. 117, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1404.
Notes of Decisions
Cited in
30
cases (
1 in the last 5 years), 1944–2021 · leading case:
McElroy v. Taylor, 977 S.W.2d 929 (Ky. 1998).
McElroy v. Taylor, 977 S.W.2d 929 (Ky. 1998).
· cites it 8× “McElroy, was acting as his legal guardian at the time of Hazel Bellmar's death. Mrs. Bellmar's will was probated on October 17, 1993.”
O'bryan v. Cave, 202 S.W.3d 585 (Ky. 2006).
· cites it 2× “Doris, however, on January 28, 2000, executed and recorded a release under KRS 392.080, renouncing her interest in Claude’s will and claiming her dower interest.”
Brown v. Sammons, 743 S.W.2d 23 (Ky. 1988).
· cites it 7× “On renunciation of a will, the surviving spouse was expressly entitled to the exemption by virtue of § 4 of the statute which contained the following provision: (4) This section applies to cases where the husband or wife dies testate and the surviving spouse renounces the…”
Bagby v. Koch, 98 S.W.3d 521 (Ky. Ct. App. 2002).
· cites it 5× “Stated another way, the court must ask if the facts alleged in the complaint can be proved, would the plaintiff [William] be entitled to relief? KRS 392.080, which governs renunciation of a former spouse’s will, prescribes the procedure to be followed: Such relinquishment shall…”
Hannah v. Hannah, 824 S.W.2d 866 (Ky. 1992).
· cites it 6× “KRS 392.080. KRS 392.020 delineates the extent of the dower interest.”
Hedden v. Hedden, 312 S.W.2d 891 (Ky. Ct. App. 1958).
· cites it 6× “She filed no formal relinquishment under KRS 392.080 before the clerk of the court where the will had been probated.”
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.”
Harlow v. Harlow, 551 S.W.2d 230 (Ky. 1977).
· cites it 3× “On September 14, 1971, Ruth, acting in her individual capacity and as administra-trix of Carl’s estate, filed motions to set aside the order of the Letcher County Court dated August 7, 1968, probating Carl’s will or, in the alternative, to allow her to file a renunciation as…”
Terrill v. Est. of Terrill, 217 S.W.3d 858 (Ky. Ct. App. 2006).
“The primary exception to this general rule is, of course, that a surviving spouse may elect against the will under KRS 392.080.”
Mann Ex Rel. Elliott v. Peoples-Liberty Bank & Trust Co., 256 S.W.2d 489 (Ky. Ct. App. 1953).
· cites it 3× “Mann, refusing to qualify as either co-executor or co-trustee until it can be determined whether it would be better for 'both herself and her children to renounce the will under the provisions of KRS 392.080, and elect to take her dower and distributable share of her husband’s…”
Wides v. Wides' Ex'r, 184 S.W.2d 579 (Ky. Ct. App. 1944).
“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 the surplus personalty left…”
— Ky. Rev. Stat. § 392.080(1) — 8 cases
Brown v. Sammons, 743 S.W.2d 23 (Ky. 1988).
“On renunciation of a will, the surviving spouse was expressly entitled to the exemption by virtue of § 4 of the statute which contained the following provision: (4) This section applies to cases where the husband or wife dies testate and the surviving spouse renounces the…”
McElroy v. Taylor, 977 S.W.2d 929 (Ky. 1998).
“McElroy, was acting as his legal guardian at the time of Hazel Bellmar's death. Mrs. Bellmar's will was probated on October 17, 1993.”
Hannah v. Hannah, 824 S.W.2d 866 (Ky. 1992).
“KRS 392.080. KRS 392.020 delineates the extent of the dower interest.”
— Ky. Rev. Stat. § 392.080(1)(a) — 1 case
— Ky. Rev. Stat. § 392.080(2) — 2 cases
Hannah v. Hannah, 824 S.W.2d 866 (Ky. 1992).
“KRS 392.080. KRS 392.020 delineates the extent of the dower interest.”
Mann Ex Rel. Elliott v. Peoples-Liberty Bank & Trust Co., 256 S.W.2d 489 (Ky. Ct. App. 1953).
“Mann, refusing to qualify as either co-executor or co-trustee until it can be determined whether it would be better for 'both herself and her children to renounce the will under the provisions of KRS 392.080, and elect to take her dower and distributable share of her husband’s…”
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