This form is a Renunciation and Disclaimer of Property acquired by Intestate Succession. The decedent died intestate (without a will) and the beneficiary gained an interest in the described property. However, pursuant to the Kentucky Statutes, Title 34, Chapter 394, the beneficiary has chosen to disclaim a portion of or the entire interest in the described property. The beneficiary attests to the fact that the disclaimer will be filed no later than nine months after the death of the decedent in order to secure the validity of the disclaimer. The form also contains a state specific acknowledgment and a certificate to verify delivery.
Kentucky Renunciation and Disclaimer of Property received by Intestate Succession
State:
Kentucky
Control #:
KY-04-03
Format:
Word
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FAQ
Who Inherits When There's No Will? Intestate succession laws determine how to distribute assets among them when no will is in place. This varies between states. Generally, a spouse receives most of the assets and property, followed by children, parents, grandparents, and other blood relatives of the deceased.
An heir is a person who is legally entitled to collect an inheritance, when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants or other close relatives of the decedent.
In Kentucky, if you die without a will, your spouse will inherit property from you under a law called dower and curtesy. Usually, this means that your spouse inherits 1/2 of your intestate property. The rest of your property passes to your descendants, parents, or siblings.
Intestate succession specifically refers to the order in which spouses, children, siblings, parents, cousins, great-aunts/uncles, second cousins twice removed, etc. are entitled to inherit from a family member when no will or trust exists.
Children - if there is no surviving married or civil partnerIf there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
How Is Next of Kin Determined? To determine next of kin in California, go down the list until someone exists in the category listed.For example, if decedent had no surviving spouse or registered domestic partner, but was survived by adult children, then the adult children would be next of kin.
Children - if there is no surviving married or civil partner If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
This law states that no matter what your will says, your spouse has a right to inherit one-third or one-half (depending on the state and sometimes depending on the length of the marriage) of your total estate. To exercise this right, your spouse has to petition the probate court to enforce the law.
