What Changes the Answer in KentuckyProbate assets, family structure, and the governing statute
The calculator is only meaningful once you isolate the probate estate. Beneficiary-designated accounts, trust assets, and survivorship property often never reach intestate succession at all.
Kentucky follows its own default inheritance rules, so the answer depends on family structure and which assets are actually part of the probate estate.
Kentucky source data cites Kentucky Revised Statutes Chapter 391 (Descent and Distribution) and Chapter 392 (Dower and Curtesy). Principal sections: KRS 391.010 (descent of real estate), KRS 391.030 (descent of personal property and the surviving spouse's exempt-property allowance), and KRS 392.020 (dower and curtesy). KRS 391.010 and KRS 392.020 were substantially rewritten by 2026 Ky. Acts ch. 134 (SB 50), effective July 15, 2026. for this no-will inheritance screen. Verify the current statute and local court process before relying on the calculator result for a filing or distribution decision.
What drives the resultFamily structure, probate assets, and state-specific rules
Family Structure
The result depends on who survives: spouse, descendants, parents, siblings, and sometimes more remote relatives.
Probate Assets Only
Property that already transfers outside court often never reaches the state’s default inheritance rules.
State-Specific Rules
Even when family facts look familiar, the default split can change materially from one state to another.
What to Check Before Relying on the ResultWills, joint ownership, and beneficiary designations to confirm first
Confirm whether there is a valid will, whether property is jointly owned, and whether any accounts already have beneficiary designations. Those issues often matter more than people expect because they can remove property from the intestate pool altogether.
After this step, review asset structure with the estate value calculator, check non-probate transfers with the beneficiary checker, and use the Kentucky courts page if the estate will still need local probate handling.
Frequently Asked Questions
Who inherits if there is no will in Kentucky?
Does a surviving spouse automatically inherit everything in Kentucky?
What happens to assets with no heirs in Kentucky?
Does intestate succession apply to all assets?
Official Sources and Further ReadingOfficial references used for this page
- Kentucky Revised Statutes Chapter 391 (Descent and Distribution) and Chapter 392 (Dower and Curtesy). Principal sections: KRS 391.010 (descent of real estate), KRS 391.030 (descent of personal property and the surviving spouse's exempt-property allowance), and KRS 392.020 (dower and curtesy). KRS 391.010 and KRS 392.020 were substantially rewritten by 2026 Ky. Acts ch. 134 (SB 50), effective July 15, 2026. governing intestacy statute
- KRS 391.020 (Descent of real estate acquired from parent; ancestral-property rule)
- KRS 391.030 (Descent of personal property; $30,000 exemption for surviving spouse and children; effective July 15, 2020)
- KRS 391.033 (Mandy Jo's Law; limitation on abandoning parent's right to estate)
- KRS 391.040 (Descendants of distributees take per stirpes)
- KRS 391.050 (Collaterals of the half blood inherit only half as much)
- KRS 391.070 (Posthumous child; inheritance by)
- KRS 391.140 (Advancements; effect on descendants' and surviving spouse's share)
- IRS Publication 559 for survivors, executors, and administrators
- CFPB guide to managing someone else’s money
Information current as of May 31, 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.