{"data":{"id":"us-ky/krs-392.020","jurisdiction":"us-ky","citation":"KRS 392.020","heading":"Surviving spouse's interest in property of deceased spouse -- \"Dower\" and","body":"\"curtesy\" defined -- Surplus personalty and surplus real estate.\n(1) (a) After the death of the husband or wife intestate, the survivor shall have, in\naddition to his or her share under KRS 391.010, an estate for his or her life in\none-third (1/3) of any real estate of which the other spouse or anyone for the\nuse of the other spouse, was seized of an estate in fee simple during the\ncoverture but not at the time of death, unless the survivor's right to the interest\nhas been barred, forfeited, or relinquished.\n(b) The survivor shall also have an absolute estate in one -half (1/2) of the surplus\npersonalty left by the decedent. Unless the context otherwise requires, any\nreference in the statutes of this state to \"dower\" or \"curtesy\" shall be deemed\nto refer to the surviving spouse's interest created by this section.\n(2) Except as otherwise provided in subsection (4) of this section, surplus personalty\nincludes personal property owned by the decedent at death that is:\n(a) Payable pursuant to a:\n1. Beneficiary designation;\n2. Transfer on death designation; or\n3. Payable on death designation, including retirement accounts whether\ndesignated as an individual retirement account or otherwise; or\n(b) Jointly owned with right of survivorship to another person.\n(3) The surviving spouse's share of the decedent's surplus personalty shall be credited\nwith any property described in subsection (2) of this section received by the\nsurviving spouse at the decedent's death, less the amount of payment made for the\ndecedent's funeral and burial expenses as confirmed by receipt of payment, or by\ncontract or other written document of obligation for payment.\n(4) (a) Surplus personalty shall not include the death benefit payable on any life\ninsurance policy insuring the life of the decedent;\n(b) Life insurance proceeds payable to the surviving spouse shall be credited\nagainst the surviving spouse's share of the decedent's surplus personalty; and\n(c) Life insurance proceeds payable to a trust of which the surviving spouse is a\nbeneficiary shall be credited against the surviving spouse's share of the\ndecedent's surplus personalty in an amount determined under subsection (7) of\nthis section.\n(5) Surplus real estate and surplus personalty include all property held by or payable at\nthe decedent's death:\n(a) To a trust over which the decedent held at the time of death a power of\nrevocation; and\n(b) Over which the decedent held at the time of death a general power of\nappointment as defined in KRS 390.020.\n(6) Property of any kind transferred by the decedent to a person or trust, other than a\ntrust for the benefit of the surviving spouse, the decedent, or a qualified charitable\norganization two (2) years or more prior to death, is not surplus personalty and is\nnot surplus real estate. Property of any kind transferred by the decedent to a person\nor trust less than two (2) years prior to death is surplus personalty or surplus real\nestate.\n(7) Property of any kind transferred prior to the decedent's death and held at the\ndecedent's death by a trust  created by the decedent and of which the surviving\nspouse is a beneficiary shall be:\n(a) Deemed surplus personalty or surplus real estate as applicable; and\n(b) Credited against the surviving spouse's share of the decedent's surplus real\nestate and surplu s personalty, in an amount computed under 26 U.S.C. sec.\n7520.\n(8) The surviving spouse may bring an action against any person receiving property\nthat is part of the surplus real estate or surplus personalty as necessary to satisfy the\ndower or curtesy claim of the surviving spouse with respect to that property.","path":["KRS Chapter 392"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57666","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:23Z","sha256":"e96114504486cbab977ffe9e13a95700da867c095f114c54c21bc412b86da0f2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-392.010","next":"us-ky/krs-392.030"},"notice":"GroundRules: Original legal text. Not legal advice."}