Application to Set Apart Exempt Property to Surviving Spouse / Children (Kentucky)

APPLICATION TO SET APART EXEMPT PROPERTY TO SURVIVING SPOUSE AND CHILDREN

[COUNTY] DISTRICT COURT, COMMONWEALTH OF KENTUCKY

CASE NO.: [____________________]

(Application under KRS § 391.030)

1. APPLICANT INFORMATION

The undersigned Applicant respectfully states:

☐ Applicant is the surviving spouse and applies under KRS § 391.030(1)(c) (intestate) and/or § 391.030(4)(a) (testate).
☐ There is no surviving spouse; Applicant is a surviving child (or guardian) and applies under KRS § 391.030.

2. DECEDENT AND FAMILY INFORMATION

Surviving spouse and children of the Decedent:

3. STATUTORY ENTITLEMENT (KRS § 391.030)

a. Exempt amount — $30,000. Personal property or money on hand or in a bank or other depository, to the amount of thirty thousand dollars ($30,000), is exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate, on application, to the surviving spouse, or, if there is no surviving spouse, to the surviving children (KRS § 391.030(1)(c)).

b. Selection. The surviving spouse (or, if none, the surviving children) may make their selection out of the personal property of the estate to the extent that the value of the property selected does not exceed $30,000 (KRS § 391.030(3)).

c. Testate estates. Where the Decedent died testate, the same $30,000 exemption is set apart on application of the surviving spouse; if there is no surviving spouse, on application of surviving children to whom such property was bequeathed. The surviving spouse's exemption is not conditioned upon renouncing the will, and the spouse remains entitled to the exemption even upon renunciation (KRS § 391.030(4)).

d. Pre-set-apart bank withdrawal. Before the property is set apart, the surviving spouse may petition the Judge of the District Court for an order authorizing withdrawal of not exceeding $2,500 from any bank or depository belonging to the estate, treated as a charge against the exempt property (KRS § 391.030(2)).

4. EXEMPT PROPERTY / MONEY SELECTED (up to $30,000)

Applicant selects and requests that the Court set apart the following, the total value of which does not exceed $30,000:

☐ Applicant additionally requests an order under KRS § 391.030(2) authorizing pre-set-apart withdrawal of $[________________] (not to exceed $2,500) from [BANK / DEPOSITORY].

5. DOWER / CURTESY AND OTHER RIGHTS (KRS § 392.020)

☐ This Application is in addition to, and does not waive, the surviving spouse's dower or curtesy interest under KRS § 392.020 or any elective/renunciation rights.

6. PRIORITY OVER CREDITOR CLAIMS

The $30,000 in personal property or money set apart under KRS § 391.030 is exempt from distribution and sale and is set apart to the surviving spouse (or surviving children) ahead of distribution to creditors and other distributees. The exemption is in addition to, and independent of, any benefit passing to the surviving spouse or children by will, by intestate succession, or by dower/curtesy.

7. PRAYER FOR RELIEF

WHEREFORE, Applicant respectfully requests that the Court:

a. Set apart to the surviving spouse (or, if none, to the surviving children) the personal property and/or money itemized above, not exceeding $30,000, free from distribution and sale, pursuant to KRS § 391.030;

b. If requested, enter an order under KRS § 391.030(2) authorizing the surviving spouse to withdraw not exceeding $2,500 from the named bank or depository pending the set-apart;

c. Adjudge that the property set apart is exempt from the claims of creditors and other distributees as provided by KRS § 391.030; and

d. Grant such other and further relief as the Court deems just and proper.

8. VERIFICATION

I, [APPLICANT FULL LEGAL NAME], declare under penalty of perjury under the laws of the Commonwealth of Kentucky that I have read the foregoing Application and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Kentucky.

Signature: ______________________________________

Printed Name: [APPLICANT FULL LEGAL NAME]

COMMONWEALTH OF KENTUCKY, COUNTY OF [COUNTY] — Subscribed and sworn to before me on [__/__/____].

Notary Public: ______________________________ My commission expires: [__/__/____]

9. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Application was served on the personal representative and other interested persons by the method indicated:

Signature: ______________________________________
Printed Name: [APPLICANT / ATTORNEY NAME]
Kentucky Bar No.: [________________] (if attorney)
Firm / Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

10. ATTACHMENTS CHECKLIST

☐ Certified copy of Death Certificate
☐ Inventory / appraisal supporting selected property values
☐ Itemized selection list (KRS § 391.030(3))
☐ Bank/depository statement (if requesting § 391.030(2) withdrawal order)
☐ Copy of will (if testate) and any renunciation
☐ Proposed Order setting apart exempt property
☐ Proof of service
☐ Filing fee

Sources and References

• KRS § 391.030 — Descent of personal property; exemption for surviving spouse and children ($30,000): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49987
• KRS § 392.020 — Dower and curtesy
• KRS § 395.455 — Transfer of assets without administration (amended 2026 Ky. Acts ch. 134 / SB 50, eff. 7/15/2026; cross-refs the KRS 391.030 exemption)
• 2020 HB 307 (raising the exemption from $15,000 to $30,000)