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Form a Business

DOWER AND CURTESY

KRS tit. XXXIV, ch. 392
in effect

KRS 392.010 Husband's interest in wife's realty same as wife's interest in his

392.010. Husband's interest in wife's realty same as wife's interest in his All the sections of this chapter, except KRS 392.100, that relate to the wife's dower or interest in the deceased husband's estate, shall apply in all cases, so far as may be, to the husband's interest in the wife's estate. Effective: July 1, 1956 History: Amended 1956 Ky. Acts ch. 117, sec. 1, effective July 1, 1956. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2148.

KRS 392.020 Surviving spouse's interest in property of deceased spouse -- "Dower" and "curtesy" defined -- Surplus personalty and surplus real estate

392.020. Surviving spouse's interest in property of deceased spouse -- "Dower" and "curtesy" defined -- Surplus personalty and surplus real estate (1) (a) After the death of the husband or wife intestate, the survivor shall have, in addition to his or her share under KRS 391.010, an estate for his or her life in one-third (1/3) of any real estate of which the other spouse or anyone for the use of the other spouse, was seized of an estate in fee simple during the coverture but not at the time of death, unless the survivor's right to the interest has been barred, forfeited, or relinquished. (b) The survivor shall also have an absolute estate in one -half (1/2) of the surplus personalty left by the decedent. Unless the context otherwise requires, any reference in the statutes of this state to "dower" or "curtesy" shall be deemed to refer to the surviving spouse's interest created by this section. (2) Except as otherwise provided in subsection (4) of this section, surplus personalty includes personal property owned by the decedent at death that is: (a) Payable pursuant to a: 1. Beneficiary designation; 2. Transfer on death designation; or 3. Payable on death designation, including retirement accounts whether designated as an individual retirement account or otherwise; or (b) Jointly owned with right of survivorship to another person. (3) The surviving spouse's share of the decedent's surplus personalty shall be credited with any property described in subsection (2) of this section received by the surviving spouse at the decedent's death, less the amount of payment made for the decedent's funeral and burial expenses as confirmed by receipt of payment, or by contract or other written document of obligation for payment. (4) (a) Surplus personalty shall not include the death benefit payable on any life insurance policy insuring the life of the decedent; (b) Life insurance proceeds payable to the surviving spouse shall be credited against the surviving spouse's share of the decedent's surplus personalty; and (c) Life insurance proceeds payable to a trust of which the surviving spouse is a beneficiary shall be credited against the surviving spouse's share of the decedent's surplus personalty in an amount determined under subsection (7) of this section. (5) Surplus real estate and surplus personalty include all property held by or payable at the decedent's death: (a) To a trust over which the decedent held at the time of death a power of revocation; and (b) Over which the decedent held at the time of death a general power of appointment as defined in KRS 390.020. (6) Property of any kind transferred by the decedent to a person or trust, other than a trust for the benefit of the surviving spouse, the decedent, or a qualified charitable organization two (2) years or more prior to death, is not surplus personalty and is not surplus real estate. Property of any kind transferred by the decedent to a person or trust less than two (2) years prior to death is surplus personalty or surplus real estate. (7) Property of any kind transferred prior to the decedent's death and held at the decedent's death by a trust created by the decedent and of which the surviving spouse is a beneficiary shall be: (a) Deemed surplus personalty or surplus real estate as applicable; and (b) Credited against the surviving spouse's share of the decedent's surplus real estate and surplus personalty, in an amount computed under 26 U.S.C. sec. 7520. (8) The surviving spouse may bring an action against any person receiving property that is part of the surplus real estate or surplus personalty as necessary to satisfy the dower or curtesy claim of the surviving spouse with respect to that property. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 2, effective July 15, 2026. -- Amended 1956 Ky. Acts ch. 117, sec. 2, effective July 1, 1956. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2132.

KRS 392.030 Actual possession by deceased spouse not necessary for dower or curtesy

392.030. Actual possession by deceased spouse not necessary for dower or curtesy If the deceased spouse, during the coverture, was seized in law of the fee simple of any real estate, then the surviving spouse may have dower or curtesy in that real estate, although the deceased spouse never had actual possession. History: Amended 1974 Ky. Acts ch. 386, sec. 77. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2134.

KRS 392.040 Lands in which surviving spouse to have no dower or curtesy

392.040. Lands in which surviving spouse to have no dower or curtesy (1) The surviving spouse shall not have dower or curtesy in land sold but not conveyed by the deceased spouse before marriage, nor in land sold in good faith after marriage to satisfy an encumbrance created before marriage or created by deed in which the surviving spouse joined, or to satisfy a lien for the purchase money. If, however, there is a surplus of the land or proceeds of sale after satisfying the lien, surviving spouse may have dower or curtesy out of that surplus of the land or compensation out of the surplus of the proceeds, unless they were received or disposed of by the decedent in his lifetime. (2) If the decedent held land by executory contract only, the surviving spouse shall not have dower or curtesy in the land, unless decedent owned such an equitable right at the time of his death. History: Amended 1974 Ky. Acts ch. 386, sec. 78. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2135, 2142.

KRS 392.050 Rights of surviving spouse pending assignment of dower or curtesy

392.050. Rights of surviving spouse pending assignment of dower or curtesy The surviving spouse shall be entitled, from the time of the deceased spouse's death until dower or curtesy is assigned, to such share of the rents and profits of the deceased spouse's real estate as is equal to the surviving spouse's share in the real estate itself, under KRS 392.020, and the surviving spouse shall hold the dwelling house, yard, garden, the stable and lot on which it stands, and an orchard, if there is one, adjoining any of the premises aforesaid, until dower or curtesy is assigned, or, in case of renunciation, under KRS 392.080. History: Amended 1974 Ky. Acts ch. 386, sec. 79. -- Amended 1956 Ky. Acts ch. 117, sec. 4, effective July 1, 1956. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2138.

KRS 392.060 Dower need not be allotted from all parcels

392.060. Dower need not be allotted from all parcels Where the lands are not severally held by different devisees or purchasers, dower need not be assigned out of each separate portion, but an equitable allotment may be made in one (1) or more parcels in lieu of the whole. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2141.

KRS 392.070 Recovery of dower or curtesy from heir, devisee or purchaser -- Value of -- Rents

392.070. Recovery of dower or curtesy from heir, devisee or purchaser -- Value of -- Rents When a surviving spouse recovers dower or curtesy against the heir or devisee or purchaser from the decedent, the dower or curtesy shall be according to the value of the estate when received by the heir, devisee or purchaser, and shall not include, in the estimated value, any permanent improvements which the heir, devisee or purchaser has made on the land. Against the heir or devisee or his alienee the surviving spouse's claim for rent shall not exceed rent for five (5) years before the action, and against a purchaser from the decedent the surviving spouse's claim shall be only from the commencement of the action. In either case it shall continue up to final recovery. If, after action has been brought, the surviving spouse or tenant dies before recovery, the rent may be recovered by the surviving spouse's representative or against the tenant's heirs, devisees and representatives. History: Amended 1974 Ky. Acts ch. 386, sec. 80. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2139.

KRS 392.080 Surviving spouse may renounce will -- Form to use when renouncing will -- Share of the surviving spouse in such case -- When devise or bequest is in addition to dower or curtesy

392.080. Surviving spouse may renounce will -- Form to use when renouncing will -- 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.

KRS 392.090 All property claims barred by divorce or adultery

392.090. All property claims barred by divorce or adultery (1) Absolute divorce bars all claim of either husband or wife to the property, real and personal, of the other after his or her decease. (2) If either spouse voluntarily leaves the other and lives in adultery, the offending party forfeits all right and interest in and to the property and estate of the other, unless they afterward become reconciled and live together as husband and wife. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2133, 2144.

KRS 392.100 Dower or curtesy rights in event of bigamy

392.100. Dower or curtesy rights in event of bigamy If a person violates KRS 530.010 the person's first spouse shall, on his conviction, be endowed of one-third (1/3) part of his real estate for life and an absolute interest in one- third (1/3) part of his other estate, to be allotted and recovered as dower or curtesy in other cases. A violator of KRS 530.010 shall forfeit her claim to dower or his claim to curtesy in their first spouse's estate. Effective: January 1, 1975 History: Amended 1974 Ky. Acts ch. 386, sec. 81; and ch. 406, sec. 313, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1217. Legislative Research Commission Note. This section was amended by two 1974 acts which do not appear to be in conflict and have been compiled together.

KRS 392.110 Default or collusive judgment no bar to dower or curtesy -- Collusive assignment does not bind heir

392.110. Default or collusive judgment no bar to dower or curtesy -- Collusive assignment does not bind heir (1) The surviving spouse shall not be barred of dower or curtesy by reason of any judgment rendered by default or collusion against the decedent, if the surviving spouse would be entitled to dower or curtesy had there been no such judgment. (2) No heir shall be bound by any collusive or ex parte assignment of dower or curtesy to the surviving spouse, except so far as the surviving spouse shows himself to have been justly entitled to the dower or curtesy. Effective: October 1, 1942 History: Amended 1974 Ky. Acts ch. 386, sec. 82. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2140.

KRS 392.120 Jointure -- When a bar to dower or curtesy -- Waiver of -- Indemnity for loss of

392.120. Jointure -- When a bar to dower or curtesy -- Waiver of -- Indemnity for loss of (1) A conveyance or devise of real or personal estate, by way of jointure, may bar the surviving spouse's interest in the property and estate of the deceased spouse. If, however, the jointure is made before marriage without the surviving spouse's consent, or during the surviving spouse's infancy the surviving spouse may, within twelve (12) months after decedent's death, waive the jointure by written relinquishment, acknowledged or proved before, and left with, the county clerk, and have dower, curtesy, or share of the estate as provided by KRS 392.020. A copy of such relinquishment shall be filed with the clerk of the court in which probate was made. When the surviving spouse so demands and receives dower, curtesy or such share of decedent's estate, the estate conveyed or devised in lieu of dower or curtesy shall determine and revert to the heirs or representatives of the grantor or devisor. (2) Where the surviving spouse is lawfully deprived of jointure, or any part of jointure, and not through any act of the surviving spouse's own, the surviving spouse shall have indemnity for jointure out of decedent's estate. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 514, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 353, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 386, sec. 83. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2136, 2137.

KRS 392.130 Release of dower or curtesy upon sale of estate of infant or mentally disabled spouse

392.130. Release of dower or curtesy upon sale of estate of infant or mentally disabled spouse The spouse of an infant spouse, or of a spouse judicially declared mentally disabled, if the spouse not under disability is of the age of eighteen (18) years, or if not, with the approval of the Circuit Court, on such terms as it may deem equitable, may unite with his guardian or conservator, or with the commissioner of the court, in the conveyance of the real estate of the spouse under disability, so as to release the inchoate right of dower or curtesy of the spouse not under disability, when a sale and conveyance of the real estate are ordered to be made by the guardian or conservator, or by the commissioner or other officer of the court. An infant spouse may also be permitted by the Circuit Court to unite with his adult spouse in the conveyance of the adult spouse's real estate without terms, or on such terms as may be deemed equitable, so as to release the inchoate right of dower or curtesy of the infant spouse. If, in judicial proceedings to sell the real estate of an infant spouse, or of a spouse judicially declared mentally disabled, his spouse is made a party defendant, and by answer, and on privy examination in open court or by a judge of a court in which such proceedings are pending, or by a commissioner appointed by the court to take the case, the spouse not under disability consents to a sale of the property, free from the inchoate right of dower or curtesy of the spouse not under disability, either without terms or on terms designated by the spouse not under disability, the court may, if it deems the terms of such consent equitable, order the sale of such property, free from the inchoate right of dower or curtesy, upon the terms of consent proposed by that spouse. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 102, effective July 1, 1982. -- Amended 1974 Ky. Acts ch. 386, sec. 84. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2146. Note. 1980 Ky. Acts ch. 396, sec. 116 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 392.140 Sale or mortgage of dower or curtesy interest of mentally disabled spouse

392.140. Sale or mortgage of dower or curtesy interest of mentally disabled spouse Whenever a married person has become a confirmed mentally disabled person, the Circuit Court of the county in which is situated land belonging to the spouse of such disabled person may, upon the petition of the spouse of the mentally disabled person, adjudge the sale and conveyance, or the mortgage, of the inchoate right of dower or curtesy of the person under disability. The mentally disabled person and his guardian or conservator, if he has one, shall be made defendants to the action; if he has no guardian or conservator, the court shall appoint an attorney to defend for him, to whom the court shall make a reasonable allowance to be paid by the spouse of the mentally disabled person. A description of the land shall be given in the petition and the evidence of title of the spouse of the mentally disabled person filed therewith. If the court is satisfied by the proof that the mentally disabled spouse is a confirmed mentally disabled person, it may adjudge the sale and conveyance, or mortgage, of her inchoate right of dower or his inchoate right to curtesy in said land, and if the mentally disabled spouse has a guardian or conservator, the court may direct that he unite with the spouse of the mentally disabled person in the deed or mortgage; if the mentally disabled spouse has no guardian or conservator, the court shall appoint a commissioner who shall unite with the spouse of the mentally disabled person in the deed or mortgage. Before any judgment pursuant to this section shall be rendered, the spouse of the mentally disabled person, with at least two (2) good sureties, shall execute before the court a covenant to the Commonwealth for the benefit of the mentally disabled spouse, to be approved by the court, that the mentally disabled spouse will be paid the value of his right of dower or curtesy in the land should such right thereafter become complete. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 103, effective July 1, 1982. -- Amended 1974 Ky. Acts ch. 386, sec. 85. -- Amended 1942 Ky. Acts ch. 152, secs. 2 and 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2145. Note. 1980 Ky. Acts ch. 396, sec. 117 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39193Fetched: 10/20/2026

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