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Kentucky Exempt Property
Support GuideKentucky11 min read

Kentucky Exempt Property

Kentucky sets apart a $30,000 exempt-property allowance under KRS 391.030 for the surviving spouse, or the surviving children if there is no spouse.

By Settled Editorial

Kentucky sets apart up to $30,000 of personal property or money for the surviving spouse under KRS 391.030, exempt from distribution and sale. When there is no surviving spouse, the surviving children take it, and the statute does not limit them to minors. This is Kentucky's single family-protection allowance in probate.

Kentucky lawyers call it the exempt-property allowance or the spousal exemption. Both names point at one benefit under KRS 391.030. This guide walks through who takes it, how much it is, which property pays it, the $2,500 early bank withdrawal, how it works when there is a will, and how it differs from Kentucky's separate debtor exemptions. Estates run through the District Court for the county where the person lived, and the wider process lives in the Kentucky probate guide. For the full picture, start at Kentucky probate help.

The $30,000 Allowance at a Glance

Every answer in this table comes straight from KRS 391.030 unless another section is named:

QuestionAnswer
How muchUp to $30,000 for a death on or after July 15, 2020. Estates of people who died before that date use $15,000. KRS 391.030(1)(c).
Who takes itThe surviving spouse. With no surviving spouse, the surviving children, who are not limited to minors. KRS 391.030(1)(c), (4)(b).
What pays itPersonal property or money on hand or in a bank or other depository. Real estate is not part of this allowance.
How to claimApply to the District Court with jurisdiction over the estate. The claimant may select personal property up to the $30,000 value. KRS 391.030(3).
Early accessA surviving spouse may petition to withdraw up to $2,500 from a bank before the set-aside. KRS 391.030(2).
Effect of a willThe spouse's exemption is not conditioned on renouncing the will, and on renunciation it comes in addition to and before the KRS 392.080 share. KRS 391.030(4)(c).

The sections below add the mechanics behind each row.

Who Takes the Exempt Property

The surviving spouse has first claim to the exemption. The spouse applies to the District Court with jurisdiction over the estate and has up to $30,000 of personal property or money set apart, exempt from distribution and sale, under KRS 391.030(1)(c). The spouse takes it whether the person died with a will or without one.

When there is no surviving spouse, the exemption passes to the decedent's surviving children under the same section. Read the age point carefully, because Kentucky does not cap this at minor children. Adult sons and daughters qualify when no spouse survives, and they divide the set-aside among themselves. That is a real difference from states that limit the allowance to children under a set age.

No one else takes this allowance. Parents, siblings, and more distant relatives have no claim to it, and it does not apply at all when neither a spouse nor a child survives.

Up to $30,000, Banded by the Date of Death

The amount is fixed by statute, and it turns on the date of death, not the date the estate opens. For a death on or after July 15, 2020, the exemption is $30,000. For a death before that date, it is $15,000. The General Assembly raised the figure from $15,000 to $30,000 in 2020 Ky. Acts ch. 24, sec. 1, effective July 15, 2020.

So the date on the death certificate decides the number. An estate opened in 2026 for someone who died in 2019 still uses the $15,000 figure. The amount is not indexed for inflation, so it holds at $30,000 until the legislature changes it again.

Which Property the Allowance Reaches

The exemption reaches personal property or money on hand or in a bank or other depository. It does not reach real estate. Land and buildings pass under the will or the Kentucky intestacy rules and stay outside this set-aside.

The claimant chooses which items make up the allowance. Under KRS 391.030(3), the surviving spouse, or the surviving children when there is no spouse, may select from the estate's personal property up to the $30,000 value. A family that wants the car, a bank balance, and some household goods can name those items, so long as the total selected does not pass $30,000.

The $2,500 Bank Withdrawal Before the Set-Aside

Money is often tight in the weeks after a death, before the court sets the allowance apart. KRS 391.030(2) gives the surviving spouse an early draw. The spouse petitions the Judge of the District Court for an order authorizing a withdrawal of up to $2,500 from a bank or other depository belonging to the estate.

The bank honors the order, notes the amount withdrawn, and lodges the order with the circuit clerk. That $2,500 is not extra money. It counts as a charge against the exempt property, so it comes out of the same $30,000 the spouse claims later. Treat it as an advance on the allowance, not an addition to it.

When There Is a Will

A will does not cut off the exemption. KRS 391.030(4) carries the same $30,000 into a testate estate. The surviving spouse applies to the District Court and takes the exempt property under paragraph (4)(a). If no spouse survives, surviving children take property bequeathed to them under paragraph (4)(b).

Two points matter for a spouse weighing a will. First, KRS 391.030(4)(c) says the exemption is not conditioned on renouncing the will. A spouse who accepts the will still gets the $30,000. Second, a spouse who does renounce the will takes the exemption in addition to, and before, the statutory share figured under KRS 392.080. The allowance sits on top of the renunciation share, not inside it.

The selection order in a testate estate follows KRS 391.030(4)(d). The spouse selects first from the personal property of the residuary estate, then from money on deposit that the will leaves as a specific bequest, and then from other personal property the will leaves as a specific bequest. When the spouse's selection pulls from property left to another beneficiary, that beneficiary may have a right of contribution on the principles of KRS 394.420 to 394.490, unless the will directs otherwise. A spouse facing this choice should also read the Kentucky will requirements guide and ask a lawyer about the six-month renunciation deadline.

Not the Same as Kentucky's Debtor Exemptions

People often mix the estate allowance up with Kentucky's debtor exemptions, and the two do different jobs. KRS 391.030 is a probate set-aside that protects estate value for the surviving spouse or children. KRS Chapter 427 protects a living person's property from creditors during collection, execution, or bankruptcy.

The Chapter 427 caps are their own figures and are not part of the $30,000. KRS 427.010 exempts household furnishings, jewelry, and clothing up to $3,000, one motor vehicle up to $2,500, and a farmer's tools, equipment, and livestock up to $3,000. KRS 427.060 exempts a $5,000 interest in a residence or burial plot from execution. Those numbers shield a debtor from creditors. They do not add to the probate allowance, and they do not transfer title at death.

Kentucky Has No Separate Family Allowance

Many states stack several protections: an exempt-property list, a homestead allowance, and a periodic family or support allowance that pays the survivors during administration. Kentucky does not. The $30,000 KRS 391.030 exemption is the state's single family protection in probate. There is no separate monthly support allowance and no separate probate homestead cash allowance.

That keeps the math simple. One set-aside, one dollar figure, one application to the District Court. A surviving spouse still holds the separate right to renounce the will and take a dower or curtesy share, plus the homestead occupancy right under KRS 427.070, but none of those is a second cash allowance layered on top of the $30,000.

Where the Allowance Stands Before Creditors and Heirs

The exemption is set apart before the estate is distributed to heirs or devisees. KRS 391.030(1) carves the $30,000 out of the personal estate, exempt from distribution and sale, so it reaches the spouse or children ahead of the general split among heirs.

The allowance does not defeat every claim, though. Subsection (1) frames the exempt property against the surplus left after funeral expenses, charges of administration, and debts. A voluntarily granted lien or a purchase-money debt still reaches the property behind it. So the set-aside comes ahead of general distribution and ahead of ordinary unsecured claims in most estates, but it does not wipe out a secured debt the decedent signed for. Assets with survivorship titling or beneficiary designations pass outside the estate entirely, and how to avoid probate in Kentucky shows which ones. The Kentucky executor duties guide covers how the personal representative pays claims, the order Kentucky pays estate debts shows where the set-aside falls among competing claims, and the Kentucky probate timeline shows where it falls in the calendar.

Frequently Asked Questions

How much is Kentucky's exempt-property allowance?

Up to $30,000 for a death on or after July 15, 2020, and $15,000 for a death before that date. KRS 391.030(1)(c) fixes the amount, and the District Court sets the property apart on application. The figure is not indexed for inflation.

Who gets the exempt property if there is no surviving spouse?

The decedent's surviving children. KRS 391.030 does not limit them to minors, so adult children qualify when no spouse survives, and they divide the set-aside. No other relative has a claim to it.

Does the $2,500 bank withdrawal add to the allowance?

No. The $2,500 a surviving spouse can withdraw early under KRS 391.030(2) is charged against the exempt property. It is an advance on the $30,000, not an extra amount.

Can I claim the exemption if I accept the will?

Yes. KRS 391.030(4)(c) says the surviving spouse's exemption is not conditioned on renouncing the will. A spouse who takes under the will still gets the $30,000, and a spouse who renounces takes it in addition to and before the KRS 392.080 statutory share.

Does the allowance cover real estate?

No. The exemption reaches personal property or money on hand or in a bank or other depository. Real estate passes under the will or the intestacy rules, and title to inherited Kentucky land is cleared separately.

When to Bring in a Kentucky Attorney

Parts of this allowance read straight from the statute. Others turn on facts a licensed Kentucky attorney should review, above all when:

  • a spouse is deciding whether to accept or renounce the will, and the exemption, the dower or curtesy share, and the six-month renunciation deadline all interact
  • the estate looks unable to pay its debts and the order of set-aside against creditors is in play
  • the spouse's selection pulls from property the will leaves to another beneficiary, raising a right of contribution under KRS 394.420 to 394.490
  • there is no surviving spouse and adult children must agree on how to divide the set-aside
  • a death before July 15, 2020 puts the older $15,000 figure in question

This guide helps you organize the source-backed rules and the questions to ask. A licensed Kentucky attorney can advise on a specific estate, its deadlines, and its disputes. This is general information about Kentucky estates, not advice for your situation. Whoever settles the estate files through the District Court for the county and follows the steps in the Kentucky probate guide.

Related Guides

Sources:

It is not legal advice.

Information current as of July 20, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Kentucky can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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