Kentucky’s laws on wills try to reflect what most people would want when they marry or divorce. Those default rules are not tailored to your family, so it is best to review your estate plan with an attorney after either event.
This page offers general information about Kentucky law, not legal advice. Reading it or contacting us does not create an attorney-client relationship; that begins only when we agree in writing to represent you. See our advertising notice.
Marriage
Getting married does not cancel a will you signed earlier (KRS 394.090). Kentucky assumes you would prefer a will that does not fully reflect your wishes to no will at all. But the law also protects a surviving spouse through a statutory share, often called “dower” (and “curtesy” for a husband), which is set out in KRS 392.020.
If a spouse dies without a will, the survivor takes under the intestacy statute (KRS 391.010) and also has the statutory interest in the decedent’s property. If the spouse dies with a will, the survivor may choose to give up what the will provides and instead take the statutory share, by filing a formal relinquishment within six months after the will is admitted to probate (KRS 392.080). This is designed to keep a person from disinheriting a spouse.
Kentucky changed the intestacy and surviving spouse rules in 2026, including which assets count toward the spouse’s share. Property in a revocable trust, and, in some cases, property that passes by beneficiary designation or survivorship, may count. These rules are technical, and the outcome depends on your family and your assets. If you have married, or are about to, contact us to review your plan. Spouses who want to set their own rules can also consider a marital agreement; we can help with that.
Divorce
If you divorce or your marriage is annulled after you sign your will, the divorce does not revoke your entire will. It does, however, revoke provisions in the will for your former spouse, any power of appointment given to the former spouse, and any nomination of the former spouse as executor, trustee, conservator, or guardian, unless the will expressly says otherwise (KRS 394.092). Property that would have gone to the former spouse passes as though the former spouse died before you, and it generally falls into the residue of your estate (see KRS 394.500).
The automatic rules may not match your wishes. Also, the rules do not take effect until the divorce is final, which may be months after you separate. If you are separating or a divorce has been filed, contact us promptly about your estate plan. Note also that a divorce may not automatically change beneficiary designations on retirement accounts or insurance policies, so those should be reviewed too. See our divorce and family law pages.
Summary
Default rules are meant for the common case. The best way to ensure your property goes where you want is to review your documents with an attorney before marriage or divorce, or as soon as possible afterward. See also Changing Your Will and Will Alternatives.
Talk With Us
To get started, complete our secure estate planning intake form, and one of our attorneys will follow up with you. You can also call us at (859) 444-4695 or contact our office. Wolfe & Houlehan PLLC is located at 226 N. Upper St., Lexington, Kentucky 40507.