- Creditors must file claims against an estate within 6 months of appointment of representative (or 2 years after death of testator if no representative appointed). KRS 396.011.
- If you die without a will, your property will go to your family in ways prescribed by Kentucky statutes. This is known as intestacy. The same will occur if a judge deems your will invalid under Kentucky law.
- Whether a person dies testate (with a will) or intestate (without a will), the court is obligated to set aside $15,000 for the surviving spouse; or if there is no surviving spouse, to the surviving children. KRS 391.030. The surviving spouse need not renounce their rights under the will to receive the exempt portion ($15,000).
- Provided you stay married to your spouse until your passing, there are important aspects of Kentucky law that you should know. The rights known as “dower” (when referring to wife) and “curtesy” (when referring to husband) entitle a spouse of a deceased individual to certain of their property. The surviving spouse’s entitlement will vary based on whether the deceased spouse did not have a will (known as “intestacy” or dying “intestate”) or did have a will (“testate”). KRS 392.020 and KRS 392.080.
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