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.
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.
THE STATE OF __________
COUNTY OF __________
Subscribed to and acknowledged before me by __________, the surviving
spouse of __________, this __________day of __________.
(Officer's signature and capacity)
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.
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