If a spouse dies without a last will and testament and the surviving spouse is not on the house deed, what is percentage does the surviving spouse own of the house under Kentucky Law?

In Kentucky, my aunt was married to her husband for over 30 years and he had a
child from a previous marriage who is now an adult. He died without leaving a
last will and testament. How are the house and land/ and personal property
divided with the surviving spouse and this child?

Asked on October 16, 2019 under Estate Planning, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

When there is no will, the "estate"--what the deceased leaves behind (real estate, money, investments, personal property, etc.)--passes by the rules fror "intestate succession." In KY, the surviving spouse gets 1/2 the estate (which includes becoming a 1/2 joint or co-owner of any real estate) and his child gets the other 1/2.

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