KRS 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 survi ving 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 subse ctions (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.