2006 Kentucky Revised Statutes - .080 Surviving spouse may renounce will -- Share of the surviving spouse in such case -- When devise or bequest is in addition to dower or curtesy.392.080 Surviving spouse may renounce will -- Share of the surviving spouse in such case -- When devise or bequest is in addition to dower or curtesy. (1) 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 made within six (6) months after the probate, and acknowledged before and left for record with the county clerk or his authorized deputy in the county where probate was made, or acknowledged before a subscribing witness and proved before and left with the county clerk or his authorized deputy. A copy of such relinquishment shall be filed with the clerk of the court in which probate was made. 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 for such extension. (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: June 17, 1978 History: 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 Ky. Acts ch. 168, sec. 7. -- Amended 1956 Ky. Acts ch. 117, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1404.
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