DESCENT AND DISTRIBUTION

KRS tit. XXXIV, ch. 391

in effect

KRS 391.010 Descent of real estate

391.010. Descent of real estate When a person having right or title to any real estate or inheritance dies intestate as to such estate, it shall descend in common to his or her kindred, male and female, in the following order, except as otherwise provided in this chapter: (1) (a) To his or her surviving spouse as follows: 1. If there is no surviving descendant of the decedent, the entirety; 2. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, the entirety; 3. If the decedent is survived by one (1) or more descendants who are not lineal descendants of the surviving spouse, one-half (1/2); or 4. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has one (1) or more descendants who are not descendants of the decedent, one-half (1/2); and (b) Any interest in property not passing to his or her surviving spouse under this subsection, or if there is no surviving spouse, as provided in subsections (2) to (6) of this section. (2) To his or her children and their descendants; if there are none, then (3) To his or her father and mother, if both are living, one (1) moiety each; but if the father is dead, the mother, if living, shall take the whole estate; if the mother is dead, the whole estate shall pass to the father; if there is no father or mother, then (4) To his or her brothers and sisters and their descendants; if there are none, then (5) (a) One (1) moiety of the estate shall pass to the paternal and the other to the maternal grandfather and grandmother equally, if both are living; but if one is dead, the entire moiety shall go to the survivor; if there is no grandfather or grandmother, then (b) To the uncles and aunts and their descendants; if there are none, then (c) To the stepchildren of the decedent. (6) If there is no kindred as is described in subsection (5) of this section, the whole shall vest in the state under KRS 393.020. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 1, effective July 15, 2026. -- Amended 1974 Ky. Acts ch. 328, sec. 2. -- Amended 1956 Ky. Acts ch. 132, sec. 1, effective May 18, 1956. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1393.

KRS 391.020 Descent of real estate acquired from parent

391.020. Descent of real estate acquired from parent (1) When a person dies intestate and without issue, owning real estate of inheritance which is the gift of either of his parents, the parent who made the gift, if living, shall inherit the whole of such estate. (2) If a person under the age of eighteen (18) dies without issue, having the title to real estate derived by gift, devise or descent from one of his parents, the whole shall descend to that parent and that parent's kindred, and if there is none, then in like manner to the other parent and his kindred. The kindred of one parent shall not be so excluded by the kindred of the other parent, if the latter is more remote than the grandfather, grandmother, uncles and aunts of the intestate and their descendants. History: Amended 1968 Ky. Acts ch. 100, sec. 9. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1400, 1401.

KRS 391.030 Descent of personal property -- Exemption for surviving spouse and children -- Withdrawal of money from bank by surviving spouse

391.030. Descent of personal property -- Exemption for surviving spouse and children -- Withdrawal of money from bank by surviving spouse (1) Except as otherwise provided in this chapter, where any person dies intestate as to his or her personal estate, or any part thereof, the surplus, after payment of funeral expenses, charges of administration, and debts, shall pass and be distributed among the same persons, and in the proportions, to whom and in which real estate is directed to descend, except as follows: (a) The personal estate of an infant shall be distributed as if he or she had died after full age; (b) An alien may be distributee as though he or she were a citizen; and (c) Personal property or money on hand or in a bank or other depository to the amount of thirty thousand dollars ($30,000) shall be exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate on application to the surviving spouse, or, if there is no surviving spouse, to the surviving children. (2) The surviving spouse may, at any time before the property or money is set apart by the court, procure on petition from the Judge of the District Court having jurisdiction over the estate, an order authorizing the surviving spouse to withdraw from any bank or other depository not exceeding two thousand five hundred dollars ($2,500) belonging to the estate. Upon presentation of the order, the bank or depository shall permit the surviving spouse to withdraw the sum and shall lodge the order, endorsing thereon the amount withdrawn, with the circuit clerk who shall retain it in the clerk's files to be considered in connection with further proceedings in the estate and the withdrawal shall be treated as a charge against the property of the estate exempt from distribution. (3) In the application for the setting apart of property or money under subsection (1) of this section, the surviving spouse or, if there is no surviving spouse, the surviving children may make their selection out of the personal property of the estate to the extent that the value of the property selected does not exceed the amount of thirty thousand dollars ($30,000). (4) Where any person dies testate: (a) Personal property or money on hand or in a bank or other depository to the amount of thirty thousand dollars ($30,000) shall be exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate on application of the surviving spouse; (b) If there is no surviving spouse, personal property or money on hand or in a bank or other depository bequeathed to surviving children to the amount of thirty thousand dollars ($30,000) shall be exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate on application by the surviving children; (c) The exemption of the surviving spouse under paragraph (a) of this subsection is not conditioned upon the surviving spouse renouncing the will, and, in the event of renunciation, the surviving spouse shall be entitled to the exemption in addition and prior to determining the statutory share of the surviving spouse under KRS 392.080; and (d) Subsection (3) of this section shall apply with respect to the surviving spouse provided that the surviving spouse shall first select from among the personal property of the residuary estate, then to the extent necessary from among the money on hand or on deposit specifically bequeathed under the will, and then to the extent necessary from among any other personal property specifically bequeathed under the will. Where the selection of the surviving spouse is made up, in whole or in part, from personal property or money on hand or on deposit specifically bequeathed to a beneficiary, such beneficiary shall have a right of contribution on the principles of KRS 394.420 to 394.490 unless the will otherwise directs, or it is necessarily to be inferred therefrom that the testator intended the same to fall on such beneficiary except that there shall be no right of contribution from the surviving spouse. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 24, sec. 1, effective July 15, 2020. -- Amended 2010 Ky. Acts ch. 21, sec. 9, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 362, sec. 1, effective July 15, 2002. -- Amended 1992 Ky. Acts ch. 129, sec. 1, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 27, sec. 1, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 51, sec. 1, effective July 15, 1982; and ch. 277, sec. 7, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 259, sec. 8, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 10, sec. 1; and ch. 14, sec. 351, effective January 2, 1978. -- Amended 1974, Ky. Acts ch. 299, sec. 2; and ch. 328, sec. 3. -- Amended 1972 Ky. Acts ch. 168, sec. 6. -- Amended 1970 Ky. Acts ch. 222, sec. 2. -- Amended 1968 Ky. Acts ch. 144, sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 266. -- Amended 1946 Ky. Acts ch. 163, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1403.

KRS 391.033 Limitation on right to estate if parent has abandoned care and maintenance of child

391.033. Limitation on right to estate if parent has abandoned care and maintenance of child (1) A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to intestate succession in any part of the estate and shall not have a right to administer the estate of the child, unless: (a) The abandoning parent had resumed the care and maintenance at least one (1) year prior to the death of the child and had continued the care and maintenance until the child's death; or (b) The parent had been deprived of the custody of his or her child under an order of a court of competent jurisdiction and the parent had substantially complied with all orders of the court requiring contribution to the support of the child. (2) Any part of a decedent child's estate prevented from passing to a parent, under the provisions of subsection (1) of this section, shall pass through intestate succession as if that parent has failed to survive the decedent child. (3) This section may be cited as Mandy Jo's Law. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 414, secs. 1 and 3, effective July 14, 2000.

KRS 391.035 District Court hearing to determine persons entitled to property passing by intestate succession

391.035. District Court hearing to determine persons entitled to property passing by intestate succession (1) If real or personal property passes by the laws of intestate succession, or under a will to a beneficiary not named in the will, proceedings may be had in the District Court to determine the persons entitled to the property. (2) (a) If an estate is in process of administration, the executor, administrator, or any person claiming an interest in the property may file a motion in the District Court where administration is in process. If there is no pending administration or administration has been dispensed with, any person claiming an interest in the property may file a motion in the District Court of the county in which the decedent last resided or, if the decedent was not a Kentucky resident, in the District Court of the county in which the property, or the greater part thereof, is located; (b) The motion shall set forth all of the facts known to the movant relating to the matter, including the names, ages, and addresses of all persons who are or may be entitled to share in the property and their relationship to the decedent or to the class of beneficiaries entitled to share. The motion shall also describe the property under consideration and an estimate of its value; (c) The motion shall be served in a manner authorized by the Rules of Civil Procedure for the initiation of a civil action and shall set forth the place and time, which shall not be less than twenty (20) days from the date of service, when the motion will come on for hearing. (3) Upon the hearing on the motion, any person claiming an interest in the property may introduce proof in support of his claim and the court may entertain the admission of any other relevant evidence to aid the court in determining the persons entitled to share in the property. (4) After hearing all the evidence, the court shall enter judgment in which the names, ages, and addresses of the persons entitled to share in the property are set forth and the proportionate interest of each. The judgment shall be conclusive evidence of the facts determined therein as against all parties, whether known or unknown, to the proceeding. (5) In a case where some or all of the property is real property located in this state, a certified copy of the judgment shall be recorded in the office of the appropriate county clerk in lieu of the affidavit required by KRS 382.120. The judgment shall be conclusive evidence of the facts determined therein as against all parties, whether known or unknown, to the proceeding. (6) Any party may at any time prior to judgment institute an adversary proceeding in Circuit Court pursuant to KRS 24A.120(2). (7) Any aggrieved party may, no later than thirty (30) days from the date of the judgment, institute an adversary proceeding in Circuit Court pursuant to KRS 24A.120(2). (8) Any unknown defendants before the court by constructive service alone shall be entitled to the protection afforded by Civil Rule 4.11. (9) No proceedings under this section shall be conducted by or before a commissioner of the District Court. Effective: September 1, 1998 History: Amended 1998 Ky. Acts ch. 420, sec. 1, effective July 15, 1998; and ch. 517, sec. 10, effective September 1, 1998. -- Created 1988 Ky. Acts ch. 90, sec. 2, effective July 15, 1988. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 420 and 517 which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (6/24/2003). Under the authority of KRS 7.136, the Reviser of Statutes has changed a reference in subsection (6) of this section from "KRS 24A.120(1)(b)" to "KRS 24A.120(2)." Legislative Research Commission Note (10/6/2011). Under the authority of KRS 7.136, the Reviser of Statutes has changed a reference in subsection (7) of this section from "KRS 24A.120(1)(b)" to "KRS 24A.120(2)."

KRS 391.040 Descendants of distributees take per stirpes

391.040. Descendants of distributees take per stirpes When any or all of a class first entitled to inherit are dead, leaving descendants, such descendants shall take per stirpes the share of their respective deceased parents. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1394.

KRS 391.050 Collaterals of the halfblood -- Inheritance by

391.050. Collaterals of the halfblood -- Inheritance by Collaterals of the halfblood shall inherit only half as much as those of the wholeblood, or as ascending kindred, when they take with either. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1395.

KRS 391.060 Title may be inherited through alien

391.060. Title may be inherited through alien When title is acquired by descent, it shall be no bar to a person taking title through descent that any ancestor through whom he derives his descent from the intestate is or has been an alien. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1396.

KRS 391.070 Posthumous child -- Inheritance by

391.070. Posthumous child -- Inheritance by A child born of a widow, within ten (10) months after the death of the intestate, shall inherit from him in the same manner as if he were in being at the time of the intestate's death. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1399.

KRS 391.080 Repealed, 1950

391.080. Repealed, 1950 Catchline at repeal: Adopted child; inheritance by and from. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3316-8.

KRS 391.090 Repealed, 1986

391.090. Repealed, 1986 Catchline at repeal: Bastards -- Inheritance from and by -- Effect of marriage of parents. History: Repealed 1986 Ky. Acts ch. 331, sec. 63, effective July 15, 1986. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1397, 1398.

KRS 391.100 Children of illegal or void marriages considered as if born in lawful wedlock

391.100. Children of illegal or void marriages considered as if born in lawful wedlock The issue of all illegal or void marriages is considered as if born in lawful wedlock. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 16, sec. 8, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 49, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2098.

KRS 391.105 Determination of rights of intestate succession in the case of a person born out of wedlock

391.105. Determination of rights of intestate succession in the case of a person born out of wedlock (1) For the purpose of intestate succession, if a relationship of parent and child must be established to determine succession by, through, or from a person, a person born out of wedlock is a child of the natural mother. That person is also a child of the natural father if: (a) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or (b) In determining the right of the child or its descendants to inherit from or through the father: 1. There has been an adjudication of paternity before the death of the father; or 2. There has been an adjudication of paternity after the death of the father based upon clear and convincing proof; (c) In determining the right of the father or his kindred to inherit from or through the child: 1. There has been an adjudication of paternity before the death of the child; or 2. There has been an adjudication of paternity after the death of the child based on clear and convincing proof and the evidence in such adjudication shall have demonstrated that the father openly treated the child as his, and the father did not follow a consistent policy of refusing to support the child on the ground of nonpaternity. (2) The terms and conditions set out in this section shall also apply in actions brought pursuant to KRS 411.130 and 411.135. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 90, sec. 3, effective July 15, 1988.

KRS 391.110 Repealed, 1966

391.110. Repealed, 1966 Catchline at repeal: Slave marriage valid; issue legitimate. History: Repealed 1966 Ky. Acts ch. 184, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1399a, 1399b-1, 1399b-2.

KRS 391.120 Descendants have equal rights

391.120. Descendants have equal rights No tenant in common shall have any privilege over another in any election, division or matter to be done or made, concerning lands which have descended to them. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1402.

KRS 391.130 Descendants may recover annuity not fully earned at annuitant's death

391.130. Descendants may recover annuity not fully earned at annuitant's death Whenever any person entitled to an annuity dies within the year, and before the annuity is fully earned, the heirs or personal representative of that person may recover such proportion of the entire amount of the annuity as the time of the year already elapsed at the date of the death of the annuitant bears to the entire year. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2070.

KRS 391.140 Advancements -- Effect on descendants', widow's, and widower's share

391.140. Advancements -- Effect on descendants', widow's, and widower's share (1) Any real or personal property or money, given or devised by a parent or grandparent to a descendant, shall be charged to the descendant or those claiming through him in the division and distribution of the undevised estate of the parent or grandparent. The person to whom the property or money was given or devised shall receive nothing further from the estate until the shares of the other descendants are made proportionately equal with his, according to his descendable and distributable share of the whole estate, real and personal, devised and undevised. The advancement shall be estimated according to the value of the property when given. The maintaining or educating or the giving of money, to a child or grandchild, without any view to a portion or settlement in life, shall not be deemed an advancement. (2) Advancements made to distributees shall not be taken as a part of the decedent's personal estate in estimating the distributable share of the widow or widower in the estate. History: Amended 1974 Ky. Acts ch. 386, sec. 76. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1407, 1408.

KRS 391.150 Contribution

391.150. Contribution Contributions shall take place between heirs and distributees on the same principles as between co-obligors. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2080.

KRS 391.160 Authority of life tenant to invade corpus

391.160. Authority of life tenant to invade corpus (1) If (a) A devise, bequest, or conveyance of real or personal property is made by written instrument free of any trust; and (b) By the express terms of the instrument or by rule of law the devise, bequest or conveyance is made to a life tenant with power to consume principal or invade corpus, with the remainder to another upon the death of the life tenant; and (c) The instrument does not expressly state the purpose for or the extent to which the life tenant may consume principal or invade corpus, then the provisions of subsection (2) shall apply. (2) The life tenant's power to consume principal or invade corpus shall be limited to such consumption or invasion as shall be necessary for his health, education (including college and professional education), and support in his accustomed manner of living. (3) If (a) A devise, bequest, or conveyance of real or personal property is made in trust by written instrument; and (b) By the express terms of the trust instrument or by rule of law the devise, bequest or conveyance is made for the benefit of a tenant for life with power in the trustee to consume principal or invade corpus for the benefit of the life tenant, with remainder to another upon the death of the life tenant; and (c) The instrument does not expressly state the purpose for or the extent to which the trustee may consume principal or invade corpus for the benefit of the life tenant, then the provisions of subsection (4) shall apply. (4) The trustee's power to consume principal or invade corpus for the benefit of the life tenant shall be limited to such consumption or invasion as shall be necessary for his health, education (including college and professional education), and support in his accustomed manner of living. History: Created 1974 Ky. Acts ch. 299, sec. 12.

KRS 391.170 Commercial rights to use of names and likenesses of public figures

391.170. Commercial rights to use of names and likenesses of public figures (1) The General Assembly recognizes that a person has property rights in his name and likeness which are entitled to protection from commercial exploitation. The General Assembly further recognizes that although the traditional right of privacy terminates upon death of the person asserting it, the right of publicity, which is a right of protection from appropriation of some element of an individual's personality for commercial exploitation, does not terminate upon death. (2) The name or likeness of a person who is a public figure shall not be used for commercial profit for a period of fifty (50) years from the date of his death without the written consent of the executor or administrator of his estate. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 263, sec. 1, effective July 13, 1984.

KRS 391.210 Application

391.210. Application KRS 391.210 to 391.260 applies to the disposition at death of the following property acquired by a married person: (1) All personal property, wherever situated: (a) Which was acquired as or became, and remained, community property under the laws of another jurisdiction; or (b) All or the proportionate part of that property acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, that community property; or (c) Traceable to that community property; (2) All or the proportionate part of any real property situated in this state which was acquired with the rents, issues or income of, the proceeds from, or in exchange for, property acquired as or which became, and remained, community property under the laws of another jurisdiction, or property traceable to that community property. History: Created 1974 Ky. Acts ch. 328, sec. 1(1).

KRS 391.215 Rebuttable presumptions

391.215. Rebuttable presumptions In determining whether KRS 391.210 to 391.260 applies to specific property the following rebuttable presumptions apply: (1) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become, and remained, property to which KRS 391.210 to 391.260 applies; and (2) Real property situated in this Commonwealth and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which KRS 391.210 to 391.260 applies. History: Created 1974 Ky. Acts ch. 328, sec. 1(2).

KRS 391.220 Disposition upon death

391.220. Disposition upon death Upon death of a married person, one-half (1/2) of the property to which KRS 391.210 to 391.260 applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this Commonwealth. One-half (1/2) of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this Commonwealth. With respect to property to which KRS 391.210 to 391.260 applies, the one-half (1/2) of the property which is the property of the decedent is not subject to the surviving spouse's right to elect against the will. History: Created 1974 Ky. Acts ch. 328, sec. 1(3).

KRS 391.225 Perfection of title of surviving spouse

391.225. Perfection of title of surviving spouse If the title to any property to which KRS 391.210 to 391.260 applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the probate court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the probate court. Neither the personal representative nor the court in which the decedent's estate is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which KRS 391.210 to 391.260 applies, unless a written demand is made by the surviving spouse or the spouse's successor in interest. History: Created 1974 Ky. Acts ch. 328, sec. 1(4).

KRS 391.230 Perfection of title of personal representative, heir, or devisee

391.230. Perfection of title of personal representative, heir, or devisee If the title to any property to which KRS 391.210 to 391.260 applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which KRS 391.210 to 391.260 applies, unless a written demand is made by an heir, devisee, or creditor of the decedent. History: Created 1974 Ky. Acts ch. 328, sec. 1(5).

KRS 391.235 Purchaser for value or lender

391.235. Purchaser for value or lender If a surviving spouse has apparent title to property to which KRS 391.210 to 391.260 applies, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the personal representative or an heir or devisee of the decedent. If a personal representative or an heir or devisee of the decedent has apparent title to property to which KRS 391.210 to 391.260 applies, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the surviving spouse. A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly. The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender. History: Created 1974 Ky. Acts ch. 328, sec. 1(6).

KRS 391.240 Creditors' rights

391.240. Creditors' rights KRS 391.210 to 391.260 does not affect rights of creditors with respect to property to which KRS 391.210 to 391.260 applies. History: Created 1974 Ky. Acts ch. 328, sec. 1(7).

KRS 391.245 Acts of married persons

391.245. Acts of married persons KRS 391.210 to 391.260 does not prevent married persons from severing or altering their interests in property to which KRS 391.210 to 391.260 applies. History: Created 1974 Ky. Acts ch. 328, sec. 1(8).

KRS 391.250 Limitations on testamentary disposition

391.250. Limitations on testamentary disposition KRS 391.210 to 391.260 does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person. History: Created 1974 Ky. Acts ch. 328, sec. 1(9).

KRS 391.255 Uniformity of application and construction

391.255. Uniformity of application and construction KRS 391.210 to 391.260 shall be so applied and construed as to effectuate the general purpose to make uniform the law with respect to the subject of KRS 391.210 to 391.260 among those states which enact it. History: Created 1974 Ky. Acts ch. 328, sec. 1(10).

KRS 391.260 Title

391.260. Title KRS 391.210 to 391.260 may be cited as the Uniform Disposition of Community Property Rights at Death Act. History: Created 1974 Ky. Acts ch. 328, sec. 1(11).

KRS 391.300 Definitions

391.300. Definitions As used in KRS 391.305 to 391.360, unless the context otherwise requires: (1) "Account" means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account and other like arrangement; (2) "Beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee; (3) "Financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan companies or associations, and credit unions; (4) "Joint account" means an account payable on request to one (1) or more of two (2) or more parties whether or not mention is made of any right of survivorship; (5) A "multiple-party account" is any of the following types of account: (i) a joint account, (ii) a P.O.D. account, or (iii) a trust account. It does not include accounts established for deposit of funds of a partnership, joint venture, or other association for business purposes, or accounts controlled by one (1) or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization or a regular fiduciary or trust account where the relationship is established other than by deposit agreement; (6) "Net contribution" of a party to a joint account as of any given time is the sum of all deposits thereto made by or for him, less all withdrawals made by or for him which have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance. The term includes, in addition, any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question; (7) "Party" means a person who, by the terms of the account, has subject to request, a present right, exercisable alone or jointly with one (1) or more other parties, to payment from a multiple-party account. A P.O.D. payee or beneficiary of a trust account is a party only after the account becomes payable to him by reason of his surviving the original payee or trustee. Unless the context otherwise requires, it includes a guardian, conservator, personal representative, or assignee, including an attaching creditor, of a party. It also includes a person identified as a trustee of an account for another whether or not a beneficiary is named, but it does not include any named beneficiary unless he has a present right of withdrawal; (8) "Payment" of sums on deposit includes withdrawal, payment on check or other directive of a party, and any pledge of sums on deposit by a party and any set-off, or reduction or other disposition of all or part of an account pursuant to a pledge; (9) "Proof of death" includes a death certificate or record or report which is prima facie proof of death; (10) "P.O.D. account" means an account payable on request to one (1) person during lifetime and on his death to one (1) or more P.O.D. payees, or to one (1) or more persons during their lifetimes and on the death of all of them to one (1) or more P.O.D. payees; (11) "P.O.D. payee" means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of one (1) or more persons; (12) "Request" means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning the necessary signature or number of signatures of the parties to the account which may be required for a proper request and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of KRS 391.305 to 391.360, the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal; (13) "Sums on deposit" means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party; (14) "Trust account" means an account in the name of one (1) or more parties as trustee for one (1) or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. A trust account does not include a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account, or a fiduciary account arising from a fiduciary relation such as attorney-client; (15) "Withdrawal" includes payment to a third person pursuant to check or other directive of a party; (16) A financial institution "receives" an order or notice under KRS 391.305 to 391.360 when it is duly delivered at the place of business at which the multiple-party account was originally established or at any other place held out by the financial institution as the place for receipt of such communication. History: Created 1976 Ky. Acts ch. 218, sec. 26.

KRS 391.305 Ownership as between parties and others -- Protection of financial institutions

391.305. Ownership as between parties and others -- Protection of financial institutions The provisions of KRS 391.310 to 391.320 concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. The provisions of KRS 391.335 to 391.360 govern the liability of financial institutions who make payments pursuant thereto, and their set-off rights. History: Created 1976 Ky. Acts ch. 218, sec. 27.

KRS 391.310 Ownership during lifetime

391.310. Ownership during lifetime (1) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent. (2) A P.O.D. account belongs to the original payee during his lifetime and not to the P.O.D. payee or payees; if two (2) or more parties are named as original payees, during their lifetimes rights as between them are governed by subsection (1) of this section. (3) Unless a contrary intent is manifested by the terms of the account or the deposit agreement or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during his lifetime, and if two (2) or more parties are named as trustee on the account, during their lifetimes beneficial rights as between them are governed by subsection (1) of this section. If there is an irrevocable trust, the account belongs beneficially to the beneficiary. History: Created 1976 Ky. Acts ch. 218, sec. 28.

KRS 391.315 Right of survivorship

391.315. Right of survivorship (1) (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties to the account as against the estate of the decedent unless there is clear and convincing written evidence of a different intention at the time the account is created. If there are two or more surviving parties their respective ownerships during lifetime shall be in proportion to their previous ownership interests under KRS 391.310 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death; and the right of survivorship continues between the surviving parties. (b) In transferring or releasing joint account funds subsequent to the date of death of one (1) or more of the named joint account holders, a financial institution or other appropriate third party may rely conclusively on the form and terms of the account to pay in accordance with paragraph (a) of this subsection. The transfer or release of those joint account funds has no bearing on the actual rights of ownership of the funds as between the surviving party or parties to the account and the dower or curtesy interest of any surviving spouse. The transfer or release by a financial institution or third party in accordance with this section shall constitute a full release and discharge of the financial institution or third party from all claims relating to ownership. (2) If the account is a P.O.D. account, on death of the original payee or of the survivor of two or more original payees, any sums remaining on deposit belong to the P.O.D. payee or payees if surviving, or to the survivor of them if one or more die before the original payee; if two or more P.O.D. payees survive, there is no right of survivorship in event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them. (3) If the account is a trust account, on death of the trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear and convincing evidence of a contrary intent; if two or more beneficiaries survive, there is no right of survivorship in event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them. (4) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of his estate. (5) A right of survivorship arising from the express terms of the account or under this section, a beneficiary designation in a trust account, or a P.O.D. payee designation, cannot be changed by will. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 196, sec. 24, effective July 15, 1998. -- Created 1976 Ky. Acts ch. 218, sec. 29.

KRS 391.320 Effect of written notice to financial institution

391.320. Effect of written notice to financial institution The provisions of KRS 391.315 as to rights of survivorship are determined by the form of the account at the death of a party. This form may be altered by written order from any party able to request present payment without the joinder of any other party given to the financial institution to change the form of the account or to stop or vary payment under the terms of the account. The order must be signed by said party, received by the financial institution during the party's lifetime, and not countermanded by other written order of the same party during his lifetime. History: Created 1976 Ky. Acts ch. 218, sec. 30.

KRS 391.325 Accounts and transfers nontestamentary

391.325. Accounts and transfers nontestamentary Any transfers resulting from the application of KRS 391.315 are effective by reason of the account contracts involved and this statute and are not to be considered as testamentary. History: Created 1976 Ky. Acts ch. 218, sec. 31.

KRS 391.330 Payment on signature of one party

391.330. Payment on signature of one party Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on request to any one (1) or more of the parties. A financial institution shall not be required to inquire as to the source of funds received for deposit to a multiple-party account, or to inquire as to the proposed application of any sum withdrawn from an account, for purposes of establishing net contributions. History: Created 1976 Ky. Acts ch. 218, sec. 32.

KRS 391.335 Payment after death or disability

391.335. Payment after death or disability Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded; but payment may not be made to the personal representative or heirs of a deceased party unless proof of death is presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under KRS 391.315. History: Created 1976 Ky. Acts ch. 218, sec. 33.

KRS 391.340 Payment of P.O.D. account

391.340. Payment of P.O.D. account Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that the deceased original payee was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee. History: Created 1976 Ky. Acts ch. 218, sec. 34.

KRS 391.345 Payment of trust account

391.345. Payment of trust account Any trust account may be paid, on request, to any trustee. Unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon his surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that the deceased trustee was the survivor of all other persons named on the account either as trustee or beneficiary. Payment may be made, on request, to the beneficiary upon presentation to the financial institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustees. History: Created 1976 Ky. Acts ch. 218, sec. 35.

KRS 391.350 Discharge

391.350. Discharge Payment made pursuant to KRS 391.330 to 391.345 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, P.O.D. payees, or beneficiaries, or their successors. The protection here given does not extend to payments made after a financial institution has received written notice from any party to the effect that withdrawals in accordance with the terms of the account should not be permitted. Unless the notice is withdrawn by the person giving it, any other party to the account and the successor of any deceased party must concur in any demand for withdrawal if the financial institution is to be protected under this section. No other notice or any other information shown to have been available to a financial institution shall affect its right to the protection provided here. The protection here provided shall have no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts. History: Created 1976 Ky. Acts ch. 218, sec. 36.

KRS 391.355 Set-off

391.355. Set-off Without qualifying any common law or any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has or had immediately before his death a present right of withdrawal without the joinder of any other party. The amount of the account subject to set-off is that proportion to which the debtor is, or was immediately before his death, beneficially entitled, and in the absence of actual knowledge of net contributions by the financial institution, to an equal share with all parties having present rights of withdrawal without the joinder of any other party. History: Created 1976 Ky. Acts ch. 218, sec. 37.

KRS 391.360 Written provisions for nonprobate transfer on death

391.360. Written provisions for nonprobate transfer on death (1) A written provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certified or uncertified security account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement, or other written instrument of a similar nature is nontestamentary. These written provisions shall include, but not be limited to, written provisions which provide that: (a) Money or other benefits due to, controlled, or owned by a decedent before death shall be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed before, at the same time, or after the instrument is executed; (b) Money due or to become due under the instrument shall cease to be payable in the event of the death of the promisee or the promissor before payment or demand; or (c) Any property, controlled by or owned by the decedent before death, which is the subject of the instrument shall pass to a person the decedent designates either in the instrument or in a separate writing, including a will, executed before, at the same time, or after the instrument is executed. (2) This section shall not limit the rights of creditors under other laws of this state. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 415, sec. 11, effective July 15, 1998. -- Created 1976 Ky. Acts ch. 218, sec. 38.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39189Fetched: 10/20/2026