Surviving Spouse May Renounce Will printable pdf download

392.080 Surviving spouse may renounce will -- Form to use when renouncing will --

Share of the surviving spouse in such case -- When devise or bequest is in

addition to dower or curtesy.

(1)

(a)

When a husband or wife dies testate, the surviving spouse may, though under

full age, release what is given to him or her by will, if any, and receive his or

her share under KRS 392.020 as if no will had been made, except that in such

case the share in any real estate of which the decedent or anyone for the use of

the decedent was seized of an estate in fee simple at the time of death shall be

only one-third (1/3) of such real estate. Such relinquishment shall be

acknowledged before an officer authorized to administer oaths under the laws

of this state and evidenced by the officer's certificate. The relinquishment and

certificate shall be in substantially the following form:

I,__________, am the surviving spouse of __________. Except as provided in

KRS 392.080(2), I hereby release what is given to me by the will of my said

deceased spouse. I understand I will now receive the share to which I am

entitled pursuant to KRS 392.080.

________________________

Surviving Spouse

THE STATE OF __________

COUNTY OF __________

Subscribed to and acknowledged before me by __________, the surviving

spouse of __________, this __________day of __________.

____________________________

(Officer's signature and capacity)

(b)

To be effective, such relinquishment and certificate shall be filed both with

the clerk of the court which admitted the will of the deceased spouse to

probate and the county clerk of the county where the will of the deceased

spouse was admitted to probate, within six (6) months after the admission of

the will to probate. If, within those six (6) months, an action contesting the

will is brought, the surviving spouse need not make such relinquishment until

within six (6) months succeeding the time when the action is disposed of.

Provided, however, the period for renunciation may be extended not

exceeding six (6) additional months by order entered by the district court upon

application of the surviving spouse for such extension within six (6) months

after the date of probate.

(2)

Subsection (1) does not preclude the surviving spouse from receiving his or her

share under KRS 392.020, in addition to any bequest or devise to him or her by will,

if such is the intention of the testator, plainly expressed in the will or necessarily

inferable from the will.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 21, sec. 10, effective July 15, 2010. -- Amended

1978 Ky. Acts ch. 384, sec. 513, effective June 17, 1978. -- Amended 1976 (1st

Extra. Sess.) Ky. Acts ch. 14, sec. 352, effective January 2, 1978. -- Amended 1972

Surviving Spouse May Renounce Will

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