What Happens If You Die Without a Will in Kentucky

Most people assume that if they die without a will, everything simply goes to their spouse. In Kentucky that assumption was wrong for most of the state's history, and as of July 15, 2026 it is wrong in a different way. Senate Bill 50, enacted as 2026 Ky. Acts ch. 134, rewrote the rules of intestate succession and changed what a surviving spouse receives.

If you have no will, Kentucky has written one for you. This article sets out what that default plan now says, what changed in 2026, and where it still produces results almost nobody would choose. If you would rather decide these questions yourself, that is what estate planning is for.

What "intestate" means in Kentucky

Dying intestate means dying without a valid will. When that happens, the property that would have passed under a will instead passes under KRS Chapter 391, Kentucky's statutes on descent and distribution. The District Court appoints an administrator, and that person distributes the estate in the order the statute dictates. Personal preference, family understandings and promises made around the kitchen table have no legal effect on that order.

One thing to be clear about from the start: intestacy governs your probate estate. Assets that pass by their own terms, such as life insurance with a named beneficiary, a retirement account, or property held jointly with right of survivorship, follow those terms instead. That has always been true, and it is exactly why the 2026 changes matter more than they first appear.

What the surviving spouse receives after SB 50

The pre-2026 rules were unusual and, to most families, counter-intuitive: a surviving spouse ranked behind the children, and in some situations behind parents and siblings, for the deceased's real estate. SB 50 replaced that structure. Under the amended KRS 391.010, the surviving spouse's share now depends on the shape of the family:

• No descendants. The surviving spouse takes the entirety.
• All of the deceased's descendants are also the surviving spouse's descendants. The surviving spouse takes the entirety.
• Any descendant of the deceased is not the surviving spouse's descendant. The surviving spouse takes one-half.
• All descendants are shared, but the surviving spouse has other descendants of their own. The surviving spouse takes one-half.

If there is no surviving spouse, or after the spouse's share is set aside, the statute works down a fixed order: children and their descendants, then parents, then siblings and their descendants, then grandparents, then aunts and uncles and their descendants, then stepchildren. If nobody in that chain exists, the estate passes to the Commonwealth.

This is a significant improvement for the ordinary married couple with children in common, who now get roughly the result they assumed they already had. It is a much sharper instrument for blended families, and that is where the trouble concentrates.

The change that catches people out: dower now reaches non-probate assets

Kentucky did not abolish dower and curtesy, the surviving spouse's ancient statutory claim. SB 50 kept them in KRS 392.020 and widened what they can reach. The spouse's share is still described as one-half of the surplus personal property outright and a one-third life estate in surplus real estate. What changed is the definition of what counts toward that surplus.

The amended statute expressly brings in property passing by beneficiary designation, transfer-on-death designation and payable-on-death designation; retirement accounts, including IRAs; property held jointly with right of survivorship; property in a trust over which the deceased held a power of revocation; and property subject to a general power of appointment.

Read that list again if you have an estate plan built before July 2026, because it is the list of exactly the tools people use to keep assets out of probate. A revocable living trust, a payable-on-death bank account and a beneficiary designation on a retirement account were all, until recently, outside the reach of a spousal claim in Kentucky. They are not now. Plans drafted on the old assumption can produce a result the person who signed them never intended, particularly second marriages, family businesses and arrangements meant to provide for children from a prior relationship.

If your plan predates July 2026, this is a reason to have a plan review and a look at your beneficiary designations and asset titling together, rather than either one alone.

Where the intestate result still goes wrong

Even with the 2026 improvements, the statutory plan is a blunt instrument. It cannot account for the things families actually care about.

• Blended families. A one-half split between a surviving spouse and children from an earlier marriage is a common source of conflict, especially when the main asset is the house the spouse lives in.
• Unmarried partners. They inherit nothing. Kentucky's intestacy statute recognizes spouses and blood relatives, no matter how long a couple has lived together.
• Stepchildren you raised. They sit near the bottom of the order, after grandparents, aunts and uncles. A stepchild you brought up as your own inherits only if almost no blood relative survives you.
• Minor children. Intestacy distributes money to them but does not name a guardian. That decision goes to a judge who never met you.
• A child who needs protection. An outright inheritance can disqualify a beneficiary with a disability from means-tested benefits. A will or trust can direct that share into a special needs arrangement instead.
• The family farm or business. Fractional shares divided among several heirs is a recipe for a forced sale, because any co-owner can generally push for one.

What happens procedurally when there is no will

Someone must ask the District Court in the county where the person lived to appoint an administrator. Kentucky requires that administrator to post a surety bond in most intestate estates, which is an expense a will can waive by naming an executor and excusing bond. The administrator then inventories the estate, gives notice to creditors, and cannot close things out quickly: under KRS 396.011, creditors have six months from the appointment to present claims.

Real estate adds its own step. Kentucky title passes to heirs at death, but a buyer or title insurer will want the chain documented, which is where an affidavit of descent and a deed of distribution come in. Larger or contested estates run through full probate administration, and disagreements about who inherits are handled as estate disputes. None of this is unusual work, but all of it costs time and money that a modest amount of planning would have avoided.

Frequently asked questions

Does my spouse automatically get everything in Kentucky?

Since July 15, 2026, yes in two situations: where there are no descendants, and where every descendant of the deceased is also a descendant of the surviving spouse. In a blended family, or where the surviving spouse has children of their own from another relationship, the spouse takes one-half.

My will was written before July 2026. Is it still valid?

A validly executed will does not stop being valid because the statute changed. But the assumptions behind it may no longer hold, particularly if it was drafted to work alongside a revocable trust or beneficiary designations that a spouse can now reach. Validity and effectiveness are different questions.

Do unmarried partners inherit anything?

Not under the intestacy statute. Kentucky does not recognize common-law marriage entered into in this state. Without a will, a beneficiary designation, joint titling or a trust, a long-term partner receives nothing.

What if my only asset is a house?

It passes under the same rules, which for a blended family can mean the surviving spouse and children from an earlier marriage owning it together. Co-ownership between people with different intentions for a property is one of the more predictable ways an estate ends up in litigation.

Is a handwritten will valid in Kentucky?

Kentucky does recognize a holographic will, one written entirely in the deceased's own hand and signed by them. Recognised is not the same as advisable: they are more often challenged, and they routinely fail to address guardianship, bond, taxes and the non-probate assets that make up most estates.

How much does it cost to make a will?

Far less than administering an intestate estate. A straightforward will package for an individual or a package for a married couple is a fixed, known cost, and it lets you decide the questions the statute would otherwise decide for you.

Decide this yourself

Kentucky's default plan is better than it was, and it is still not your plan. It does not know which child is already struggling, which one has a disability, whether the farm should stay intact, or who should raise your children. A will, and in many cases a trust alongside it, is how you answer those questions rather than leaving them to a statute and a judge.

Request a consultation using the button below, or call our Bardstown office at (502) 348-2108. Kentucky Asset Protection helps families across Central Kentucky put a plan in writing.

This article is for informational purposes only and does not constitute legal advice. Kentucky law changed substantially on July 15, 2026 and applies differently to every family's circumstances. Contact Kentucky Asset Protection to discuss your specific situation with a qualified attorney.