(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.

THE STATE OF COUNTY OF

Terms Used In Kentucky Statutes 392.080

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Bequest: Property gifted by will.
  • Decedent: A deceased person.
  • Devise: To gift property by will.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Probate: Proving a will
  • real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.

Surviving Spouse
Subscribed to and acknowledged before me by , the surviving spouse of , this day of .

(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.
(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: 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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