391.010 Descent of real estate.
317 words·~1 min read·
/ky/chapter-391/391-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When a person having right or title to any real estate or inheritance dies intestate as to such estate, it shall descend in common to his kindred, male and female, in the following order, except as otherwise provided in this chapter:
(1)To his children and their descendants; if there are none, then
(2)To his father and mother, if both are living, one
(1)moiety each; but if the father is
dead, the mother, if living, shall take the whole estate; if the mother is dead, the
whole estate shall pass to the father; if there is no father or mother, then
(3)To his brothers and sisters and their descendants; if there are none, then
(4)To the husband or wife of the intestate; if there are none surviving, then
(5)One
(1)moiety of the estate shall pass to the paternal and the other to the maternal
kindred, in the following order:
(a)The grandfather and grandmother equally, if both are living; but if one is dead,
the entire moiety shall go to the survivor; if there is no grandfather or
grandmother, then
(b)To the uncles and aunts and their descendants; if there are none, then
(c)To the great-grandfathers and great-grandmothers, in the same manner
prescribed for grandfather and grandmother by subsection (a); if there are
none, then
(d)To the brothers and sisters of the grandfathers and grandmothers and their
descendants; and so on in other cases without end, passing to the nearest lineal
ancestors and their descendants.
(6)If there is no such kindred to one of the parents as is described in subsection (5), the
whole to go to the kindred of the other. If there is neither paternal nor maternal
kindred, the whole shall go to the kindred of the husband or wife, as if he or she had
survived the intestate and died entitled to the estate.