2014 Kentucky Revised Statutes CHAPTER 392 - DOWER AND CURTESY 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.
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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 __________.
___________________________
(2)
(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.
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 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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