Elective Share in Kentucky
State-specific overview · Estate & Probate
A surviving spouse may claim one-third of the estate regardless of children, with a nine-month election deadline.
How Kentucky treats Elective Share
Kentucky law grants a surviving spouse an elective share of one-third of the deceased spouse's net estate, independent of whether children survive. This right applies whether the deceased died with or without a will. The surviving spouse must file the election within nine months after the appointment of a personal representative, or the right is forfeited. The elective share is calculated on the net probate estate after debts and expenses.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Kentucky.