KRS § 391.030 — KY Code / Title XXXIV / Chapter 391 / Section 391.030
391.030 Descent of personal property -- Exemption for surviving spouse and children -- Withdrawal of money from bank by surviving spouse
Status: in_force

391.030 Descent of personal property -- Exemption for surviving spouse and

children -- Withdrawal of money from bank by surviving spouse.

(1) Except as otherwise provided in this chapter, where any person dies intestate as to

his or her personal estate, or any part thereof, the surplus, after payment of funeral

expenses, charges of administration, and debts, shall pass and be distributed among

the same persons, and in the proportions, to whom and in which real estate is

directed to descend, except as follows:

(a) The personal estate of an infant shall be distributed as if he or she had died

after full age;

(b) An alien may be distributee as though he or she were a citizen; and

(c) Personal property or money on hand or in a bank or other depository to the

amount of thirty thousand dollars ($30,000) shall be exempt from distribution

and sale and shall be set apart by the District Court having jurisdiction over

the estate on application to the surviving spouse, or, if there is no surviving

spouse, to the surviving children.

(2) The surviving spouse may, at any time before the property or money is set apart by

the court, procure on petition from the Judge of the District Court having

jurisdiction over the estate, an order authorizing the surviving spouse to withdraw

from any bank or other depository not exceeding two thousand five hundred dollars

($2,500) belonging to the estate. Upon presentation of the order, the bank or

depository shall permit the surviving spouse to withdraw the sum and shall lodge

the order, endorsing thereon the amount withdrawn, with the circuit clerk who shall

retain it in the clerk's files to be considered in connection with further proceedings

in the estate and the withdrawal shall be treated as a charge against the property of

the estate exempt from distribution.

(3) In the application for the setting apart of property or money under subsection (1) of

this section, the surviving spouse or, if there is no surviving spouse, the surviving

children may make their selection out of the personal property of the estate to the

extent that the value of the property selected does not exceed the amount of thirty

thousand dollars ($30,000).

(4) Where any person dies testate:

(a) Personal property or money on hand or in a bank or other depository to the

amount of thirty thousand dollars ($30,000) shall be exempt from distribution

and sale and shall be set apart by the District Court having jurisdiction over

the estate on application of the surviving spouse;

(b) If there is no surviving spouse, personal property or money on hand or in a

bank or other depository bequeathed to surviving children to the amount of

thirty thousand dollars ($30,000) shall be exempt from distribution and sale

and shall be set apart by the District Court having jurisdiction over the estate

on application by the surviving children;

(c) The exemption of the surviving spouse under paragraph (a) of this subsection

is not conditioned upon the surviving spouse renouncing the will, and, in the

event of renunciation, the surviving spouse shall be entitled to the exemption

in addition and prior to determining the statutory share of the surviving spouse

under KRS 392.080; and

(d) Subsection (3) of this section shall apply with respect to the surviving spouse

provided that the surviving spouse shall first select from among the personal

property of the residuary estate, then to the extent necessary from among the

money on hand or on deposit specifically bequeathed under the will, and then

to the extent necessary from among any other personal property specifically

bequeathed under the will. Where the selection of the surviving spouse is

made up, in whole or in part, from personal property or money on hand or on

deposit specifically bequeathed to a beneficiary, such beneficiary shall have a

right of contribution on the principles of KRS 394.420 to 394.490 unless the

will otherwise directs, or it is necessarily to be inferred therefrom that the

testator intended the same to fall on such beneficiary except that there shall be

no right of contribution from the surviving spouse.