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When a husband or wife dies, the surviving spouse has rights under Kentucky law that no will can take away entirely — and some of those rights come with a deadline that starts running the day the will is probated in the Clark District Court. Bunch & Brock’s probate attorneys have advised widows and widowers in Central Kentucky since 1976 and regularly represent Winchester and Clark County families. Call (859) 254-5522.
Our office is in Lexington, about twenty minutes west on I-64 or Winchester Road. Most of a probate matter is handled through filings, phone, and email, and we meet Clark County clients in person whenever the matter calls for it. Whether you have just lost your spouse, are the executor of an estate with a surviving spouse, or want to make sure your own plan protects the person you will leave behind, this page explains what Kentucky law provides.
What a Surviving Spouse Is Entitled To in Kentucky
Kentucky gives a surviving spouse several distinct rights. They stack, they come from different statutes, and they were changed significantly by Senate Bill 50, effective July 15, 2026. In plain terms:
1. The $30,000 exemption. Under KRS 391.030, a surviving spouse is entitled to have up to $30,000 of the decedent’s personal property or money set apart by the District Court, free from the claims of creditors and ahead of anyone named in the will. It is not conditioned on renouncing the will, and it comes on top of whatever else the spouse receives. If there is no surviving spouse, the surviving children take the same exemption. This is also the figure that determines whether an estate can skip full probate through a Petition to Dispense with Administration.
2. The right to stay in the home. Until the spouse’s share of real estate is assigned, Kentucky law entitles the surviving spouse to remain in the dwelling house, with its yard, garden, and outbuildings, and to receive a corresponding share of the rents and profits of the decedent’s real estate.
3. The statutory share, when there is no will. Amended KRS 391.010 gives the surviving spouse the entire estate if the decedent left no descendants, or if all of the decedent’s descendants are also the spouse’s; and one-half if the decedent had a child or grandchild from outside the marriage, or if the spouse has children from outside the marriage. The details are on our Nicholasville page.
4. Dower and curtesy — now reaching assets outside probate. In addition to the share above, amended KRS 392.020 gives the surviving spouse an absolute one-half of the decedent’s “surplus personalty” and a life estate in one-third of real estate the decedent owned during the marriage but not at death. The 2026 amendment defines surplus personalty to include property that passes by beneficiary, transfer-on-death, or payable-on-death designation — retirement accounts included — property held jointly with survivorship, assets in a revocable trust, and property given away within two years of death. Life insurance is excluded from the pool, but proceeds paid to the spouse are credited against the share, as is anything the spouse already received by designation or survivorship. The spouse has a direct claim against whoever received the property.
5. The right to renounce the will. A will that leaves the surviving spouse less than the law provides does not have the last word. Under KRS 392.080, the spouse may file a written renunciation and take the statutory share instead, unless the spouse waived that right in a valid prenuptial or postnuptial agreement.
The Six-Month Decision
The renunciation right is the one with a clock. The written relinquishment, acknowledged before a notary or other authorized officer, must be filed with both the District Court that probated the will and the county clerk within six months after the will is admitted to probate. The court can extend that period by up to six additional months, but only on a motion filed within the original six months, and a pending will contest pauses it. Miss the deadline and the will controls.
Whether to renounce is rarely obvious. A will that leaves the spouse a life interest in the house and nothing else may be worth less than the statutory share; a will that leaves everything to the spouse outright is not worth renouncing at all. And because the 2026 amendments moved much of the spouse’s protection into the definition of surplus personalty, the calculation now depends on beneficiary designations, joint accounts, and trust assets that the executor may not even have inventoried. We run that comparison for surviving spouses in Clark County as a matter of course, early enough that the deadline is never the problem.
When the Executor Is Not the Spouse
Blended families are where these rules matter most. A decedent’s children from a first marriage are often the executors and the principal beneficiaries; the surviving second spouse is left with the house for life, or a fixed sum, or nothing. Kentucky law protects that spouse — but only if someone asserts the protection. We represent surviving spouses in exactly that position, and we also represent executors and children who want to administer such an estate correctly and avoid a claim.
One more rule for blended families: a will made before a marriage is not revoked by the marriage, so a spouse who died with a will that predates the marriage has probably left the new spouse out entirely. The renunciation right and the exemption exist for that situation.
Planning for the Spouse You Will Leave Behind
Most of what a surviving spouse goes through can be avoided by planning done together:
- Two wills, not one. If you are married in Kentucky, both of you need a will, each drafted with the other’s rights in mind.
- Beneficiary designations that match. Retirement accounts, life insurance, and payable-on-death accounts pass outside the will, and after the 2026 amendments they can also generate a dower or curtesy claim. They should be coordinated, not left to whatever was filled in years ago.
- Property titled with survivorship, including real estate held as tenants by the entirety, passes to the survivor automatically and keeps the home out of probate.
- A prenuptial or postnuptial agreement, for couples who want to define the spouse’s share themselves — especially in second marriages with children on either side.
- Financial power of attorney and health care surrogate designation, so that the spouse can act during a final illness without a court proceeding.
How We Help Winchester and Clark County Families
- Advising surviving spouses on the exemption, the statutory share, dower and curtesy, and whether to renounce a will — with the comparison done before the deadline
- Asserting a spouse’s KRS 392.020 claim against non-probate assets where the 2026 amendments apply
- Administering estates in the Clark District Court for executors, including those in blended families
- Small-estate petitions under KRS 395.455, usually for a flat fee and without a client court appearance
- Wills for married couples, prenuptial and postnuptial agreements, trusts, powers of attorney, and health care directives
- Will contests and estate disputes, through our litigation practice
Frequently Asked Questions from Clark County Clients
My husband’s will left everything to his children from his first marriage. Do I get anything? Yes. At minimum, the $30,000 exemption and the right to remain in the home until your share of the real estate is assigned. You may also renounce the will within six months of probate and take the statutory share instead, which after the 2026 amendments can include a share of accounts that passed to the children by beneficiary designation. Whether renouncing is worthwhile depends on the numbers; we can run them.
We were married after my wife signed her will, and it doesn’t mention me. Is it still valid? Yes. Marriage does not revoke a will in Kentucky. But the exemption and the renunciation right apply, and you should act within six months of probate.
Does the $30,000 exemption count against my share? No. The statute says it is in addition to, and determined before, the statutory share, and it is not conditioned on renouncing.
Everything was in joint names. Do I need to open an estate at all? Often not. Property held with right of survivorship and accounts naming you as beneficiary pass to you directly. If anything was in your spouse’s sole name, a small-estate petition may handle it. We can tell you in one conversation.
I signed a prenup. Can I still renounce the will? Generally not, if the agreement validly waived dower and curtesy or the right to renounce. The agreement itself should be reviewed; not every prenup does.
Does Bunch & Brock have an office in Winchester? No. Our office is in Lexington, about eighteen miles west. We have represented Clark County families for decades and appear in the Clark District Court regularly.
Call Our Winchester Probate Attorneys
Bunch & Brock was founded in Lexington in 1976 by Kentucky attorneys W. Thomas Bunch and Dan D. Brock, Jr., and is in its fiftieth year of serving Central Kentucky. Mr. Bunch’s sons, Tom Bunch II and Matthew Bunch, carry the practice forward today. When you call, you speak with an attorney — and the attorney you meet is the one who handles your matter.
If you have lost your spouse, are administering an estate with a surviving spouse, or want a plan that protects yours, call (859) 254-5522 or contact us online.
This page is provided for general information and is not legal advice. Kentucky probate law changed substantially on July 15, 2026, and the rules that apply depend on the date of death. Please consult an attorney about your specific situation.
Our Probate Attorneys
Attorney Tom Bunch II — Tom’s practice centers on Kentucky probate and estate administration, estate planning, and debtor-creditor matters, with extensive experience in Chapter 7, 11, 12, and 13 bankruptcy cases. He advises surviving spouses and executors alike and prepares estate plans for married couples at every stage. Attorney bio
Attorney Matthew Bunch — Matt is the firm’s lead litigator and handles will contests, dower and curtesy claims, trust and estate litigation, and complex bankruptcies and debt restructuring. Attorney bio
Attorney Matthew Bunch
Matt handles complicated bankruptcies and debt restructuring in Chapters 11 and 13 for both individuals and companies. He has also negotiated with multiple creditors on behalf of his clients to avoid bankruptcy. Matt is the firm’s lead litigator and handles contract disputes, certain personal injury claims and general litigation. [ attorney bio ]
