Not everyone has a will. Some people put it off; some assume a small estate does not need one; others hope to avoid probate. This page explains what happens if you die without a will, and the common ways to pass property outside a will, along with the trade-offs of each.
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.
What Happens If I Die Without a Will?
If you die without a will (called dying “intestate”), Kentucky’s intestacy statutes decide who inherits, and the court appoints someone to administer your estate. In general, your surviving spouse and your children come first, then your parents, then your siblings and more distant relatives, and finally, if there is no eligible relative, property passes to the Commonwealth (KRS 391.010 and KRS 393.020).
The rules for how much a surviving spouse receives depend on whether you have children and whose children they are, and Kentucky updated both the intestacy rules and the surviving spouse’s statutory share (often called “dower”) in 2026. Because the rules depend on your family’s makeup, and because they changed recently, we do not try to summarize them here. If you would like to know how your property would pass today, contact us. See also Marriage, Divorce, and Your Will.
Relying on intestacy is the simplest and least expensive form of “planning,” but it is not really a plan. Only relatives inherit, so a close friend or a charity receives nothing. A will also lets you name your executor, nominate a guardian for minor children, and leave instructions for funeral and burial.
Why Have a Will If I Do Not Have Much Property?
Most people, even those with small estates, have items with sentimental meaning. A will lets you say who should have them, and it saves your family the burden of deciding. Powers of attorney and a living will address what happens before death; see Powers of Attorney & Living Wills.
Small Estates: Kentucky’s Simplified Procedure
If the estate is small, probate may not be as lengthy or complicated as you think. Kentucky law sets aside a specific amount of personal property or money for a surviving spouse or, if there is no surviving spouse, for surviving children. That exemption is currently $30,000 (KRS 391.030; the amount was raised from $15,000 in 2020). It applies whether or not there is a will, and it covers personal property and money, not real estate.
When that exemption, together with certain priority claims such as funeral and administration expenses, equals or exceeds the assets that would otherwise be distributed, the District Court may dispense with formal administration and order the assets transferred to the surviving spouse or children, or to a person the spouse designates (KRS 395.455). In some cases, if all beneficiaries agree in writing and the estate has no debts, administration may also be dispensed with under KRS 395.470. Whether your estate qualifies depends on its makeup, so ask us. See also Probate.
Avoiding Probate Through Will Substitutes
I do not want my loved ones to go through probate. What can I do instead?
Not all property is subject to probate. Property that passes at death to a named beneficiary, such as a life insurance policy, IRA, or a payable-on-death or transfer-on-death account, passes directly to the beneficiary under the terms of the policy or account. Property held in joint tenancy with right of survivorship passes to the surviving owner. Property held in a properly funded revocable living trust is distributed by your successor trustee. Kentucky’s rules on what counts toward a surviving spouse’s share can reach some of these assets, so talk with us before relying on any of them to disinherit a spouse.
Should I name my estate as beneficiary of my insurance and retirement plans?
In general, no. Naming your estate guarantees the asset goes through probate, exposes it to the estate’s creditors, and can delay payment. Naming a person (or a trust) directly is usually better, but we recommend reviewing the choice with an attorney, particularly for retirement accounts.
Does joint ownership avoid probate?
Sometimes, but it has drawbacks. In Kentucky, the deed must contain specific survivorship language. The other owner has equal rights to the property, and that owner’s creditors may be able to reach it. You may need the co-owner’s consent to sell. Adding someone to your title can be a gift for tax purposes and may affect Medicaid eligibility. It can also cost the heir a “stepped-up” tax basis on your share, potentially causing a larger capital gain when the property is sold. For details on gift tax and inherited property basis, see the IRS pages on gift taxes, gifts and inheritances, and estate and gift taxes. Spouses often hold their home as tenants by the entirety, which has survivorship built in; we recommend having an attorney make sure it is set up properly.
What about a life estate?
A life estate lets you live in your home for life, and it then passes to the people named in the deed (the remaindermen) without probate. Remaindermen cannot sell or damage the property while you live, and their creditors cannot reach it until your death. But you generally cannot sell without their consent, a life estate can affect Medicaid eligibility, and there are tax consequences. Talk to an attorney and tax advisor first.
Next Steps
If you would like to talk through which approach fits your family, see our estate planning fees and services or contact us.
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.