KRS 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 th is

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.