{"data":{"id":"us-ky/krs-391.030","jurisdiction":"us-ky","citation":"KRS 391.030","heading":"Descent of personal property -- Exemption for surviving spouse and","body":"children -- Withdrawal of money from bank by surviving spouse.\n(1) Except as otherwise provided in this chapter, where any person dies intestate as to\nhis or her personal esta te, or any part thereof, the surplus, after payment of funeral\nexpenses, charges of administration, and debts, shall pass and be distributed among\nthe same persons, and in the proportions, to whom and in which real estate is\ndirected to descend, except as follows:\n(a) The personal estate of an infant shall be distributed as if he or she had died\nafter full age;\n(b) An alien may be distributee as though he or she were a citizen; and\n(c) Personal property or money on hand or in a bank or other depository to t he\namount of thirty thousand dollars ($30,000) shall be exempt from distribution\nand sale and shall be set apart by the District Court having jurisdiction over\nthe estate on application to the surviving spouse, or, if there is no surviving\nspouse, to the surviving children.\n(2) The surviving spouse may, at any time before the property or money is set apart by\nthe court, procure on petition from the Judge of the District Court having\njurisdiction over the estate, an order authorizing the surviving spouse to withdraw\nfrom any bank or other depository not exceeding two thousand five hundred dollars\n($2,500) belonging to the estate. Upon presentation of the order, the bank or\ndepository shall permit the surviving spouse to withdraw the sum and shall lodge\nthe order, endorsing thereon the amount withdrawn, with the circuit clerk who shall\nretain it in the clerk's files to be considered in connection with further proceedings\nin the estate and the withdrawal shall be treated as a charge against the property of\nthe estate exempt from distribution.\n(3) In the application for the setting apart of property or money under subsection (1) of\nthis section, the surviving spouse or, if there is no surviving spouse, the surviving\nchildren may make their selection out of the per sonal property of the estate to the\nextent that the value of the property selected does not exceed the amount of thirty\nthousand dollars ($30,000).\n(4) Where any person dies testate:\n(a) Personal property or money on hand or in a bank or other depository t o the\namount of thirty thousand dollars ($30,000) shall be exempt from distribution\nand sale and shall be set apart by the District Court having jurisdiction over\nthe estate on application of the surviving spouse;\n(b) If there is no surviving spouse, perso nal property or money on hand or in a\nbank or other depository bequeathed to surviving children to the amount of\nthirty thousand dollars ($30,000) shall be exempt from distribution and sale\nand shall be set apart by the District Court having jurisdiction o ver the estate\non application by the surviving children;\n(c) The exemption of the surviving spouse under paragraph (a) of this subsection\nis not conditioned upon the surviving spouse renouncing the will, and, in the\nevent of renunciation, the surviving spo use shall be entitled to the exemption\nin addition and prior to determining the statutory share of the surviving spouse\nunder KRS 392.080; and\n(d) Subsection (3) of this section shall apply with respect to the surviving spouse\nprovided that the surviving s pouse shall first select from among the personal\nproperty of the residuary estate, then to the extent necessary from among the\nmoney on hand or on deposit specifically bequeathed under the will, and then\nto the extent necessary from among any other persona l property specifically\nbequeathed under the will. Where the selection of the surviving spouse is\nmade up, in whole or in part, from personal property or money on hand or on\ndeposit specifically bequeathed to a beneficiary, such beneficiary shall have a\nright of contribution on the principles of KRS 394.420 to 394.490 unless the\nwill otherwise directs, or it is necessarily to be inferred therefrom that the\ntestator intended the same to fall on such beneficiary except that there shall be\nno right of contribution from the surviving spouse.","path":["KRS Chapter 391"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49987","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:23Z","sha256":"357240646c1955e54cffa7cadf7a69a168dbf157b51ffe4e757c4d81cbf87795","source_id":"us-ky","stale":false,"prev":"us-ky/krs-391.020","next":"us-ky/krs-391.033"},"notice":"GroundRules: Original legal text. Not legal advice."}