{"data":{"id":"us-ky/krs-392.080","jurisdiction":"us-ky","citation":"KRS 392.080","heading":"Surviving spouse may renounce will -- Form to use when renouncing will --","body":"Share of the surviving spouse in such case -- When devise or bequest is in\naddition to dower or curtesy.\n(1) (a) When a husband or wife dies testate, the surviving spouse may, t hough under\nfull age, release what is given to him or her by will, if any, and receive his or\nher share under KRS 392.020 as if no will had been made, except that in such\ncase the share in any real estate of which the decedent or anyone for the use of\nthe decedent was seized of an estate in fee simple at the time of death shall be\nonly one -third (1/3) of such real estate. Such relinquishment shall be\nacknowledged before an officer authorized to administer oaths under the laws\nof this state and evidenced by the officer's certificate. The relinquishment and\ncertificate shall be in substantially the following form:\nI,__________, am the surviving spouse of __________. Except as provided in\nKRS 392.080(2), I hereby release what is given to me by the will of my s aid\ndeceased spouse. I understand I will now receive the share to which I am\nentitled pursuant to KRS 392.080.\n________________________\nSurviving Spouse\nTHE STATE OF __________\nCOUNTY OF __________\nSubscribed to and acknowledged befo re me by __________, the surviving\nspouse of __________, this __________day of __________.\n____________________________\n(Officer's signature and capacity)\n(b) To be effective, such relinquishment and certificate shall be filed both with\nthe clerk of the court which admitted the will of the deceased spouse to\nprobate and the county clerk of the county where the will of the deceased\nspouse was admitted to probate, within six (6) months after the admission of\nthe will to probate. If, within tho se six (6) months, an action contesting the\nwill is brought, the surviving spouse need not make such relinquishment until\nwithin six (6) months succeeding the time when the action is disposed of.\nProvided, however, the period for renunciation may be extend ed not\nexceeding six (6) additional months by order entered by the district court upon\napplication of the surviving spouse for such extension within six (6) months\nafter the date of probate.\n(2) Subsection (1) does not preclude the surviving spouse from re ceiving his or her\nshare under KRS 392.020, in addition to any bequest or devise to him or her by will,\nif such is the intention of the testator, plainly expressed in the will or necessarily\ninferable from the will.","path":["KRS Chapter 392"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36181","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:23Z","sha256":"83094584bff4023f40f8bdd7b474421a275a7ccd22d264e9f55d3b56124a4ea0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-392.070","next":"us-ky/krs-392.090"},"notice":"GroundRules: Original legal text. Not legal advice."}