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Kentucky · Snapshot 09/05/2026

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

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Where this section sits in the code
  1. KRS Chapter 391

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 adjudica tion 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.

Collected 2026-09-05T20:59:23Z. Source file · JSON

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