Disclaimer: This is general information only and not legal advice. For advice about a specific case, consult a licensed Kentucky attorney.

Detailed answer — how intestate succession works among children in Kentucky

When a Kentucky resident dies without a valid will (dies intestate), Kentucky’s intestate succession rules control who receives the decedent’s property. The primary statutes governing descent and distribution are found in the Kentucky Revised Statutes (see Title 391 for descent and distribution). See Kentucky Revised Statutes online: KRS Title 391 — Descent and Distribution.

Key principles you need to know:

• Children take equally if there is no surviving spouse. If a decedent is survived only by one or more children (and no spouse), the estate is divided equally among the surviving children.
• Representation (per stirpes) for descendants of a deceased child. If a child of the decedent died before the decedent but left children (the decedent’s grandchildren), those grandchildren generally inherit the share that their parent would have received. This is called representation, commonly described as a “per stirpes” distribution: the descendant branch that represented the predeceased child steps into that child’s share and divides it among itself.
• Adopted children inherit as biological children. Under Kentucky law, a legally adopted child inherits from and through the adoptive parent in the same way as a biological child.
• Paternity and children born out of wedlock. A child born out of wedlock generally inherits from the mother. The child can inherit from the father if paternity has been established (for example, by court order, acknowledgment, or other legal evidence).
• Stepchildren and foster children. Stepchildren or foster children who were not legally adopted do not automatically inherit under intestacy rules. Inclusion requires legal adoption or a valid will.
• Half-blood relatives. Siblings of the half blood are generally treated similarly to those of the whole blood for purposes of descent among collateral relatives, but questions about half-blood status and shares frequently arise in more complex family trees and are best resolved with legal advice and reference to statute.

Simple hypothetical to illustrate per stirpes distribution

Hypothetical facts: A Kentucky resident dies intestate. The decedent had three children: Alice (alive), Ben (predeceased leaving two children), and Carla (alive). The estate is worth $300,000.

How the estate is divided under representation (per stirpes):

• There are three child-lines (Alice, Ben’s line, Carla). Each line receives one-third of the estate: $100,000 each.
• Alice gets $100,000 (her line).
• Carla gets $100,000 (her line).
• Ben’s two children split Ben’s $100,000 share (each gets $50,000).

What if a child died leaving no descendants?

If a predeceased child left no surviving descendants, that child’s line does not receive a share and the share is divided among the remaining lines equally.

Other probate-administration points often tied to intestacy

• Who serves as personal representative (executor) is a separate issue from who inherits. Courts appoint a personal representative under the probate code. Priority for appointment often favors a surviving spouse, adult children, or other close family members, but rules and practical issues can vary by county and case complexity.
• Creditors’ claims and administration costs are paid from the estate before distributing inheritances.
• Minor beneficiaries receive property through guardianship or by court-supervised distribution until they reach adulthood.

For statutory language and details about specific provisions, consult the Kentucky Revised Statutes on descent and distribution: KRS Title 391.

Helpful hints

• Obtain a certified copy of the death certificate and the decedent’s will (if any). Confirm whether a will exists before relying on intestacy rules.
• Gather documents proving family relationships: birth certificates, adoption decrees, marriage certificates, paternity orders, or acknowledgments. These documents matter to prove who is entitled to inherit.
• If a child is missing or presumed dead, consult an attorney quickly — rules about locating heirs and presumed death can affect distribution and administration timing.
• Consider whether probate avoidance tools (joint ownership, beneficiary designations, trusts) already pass some assets outside of probate. Assets with named beneficiaries or joint tenancy typically bypass intestate distribution rules.
• If you are a potential personal representative, learn the probate filing requirements for the county where the decedent lived. The Kentucky Court of Justice site can help with local court contacts: Kentucky Court of Justice.
• When in doubt about how to interpret family relationships, representation rules, or appointment priorities, consult a Kentucky probate or estate attorney. Small facts (adoption timing, paternity evidence, informal guardianship arrangements) can change outcomes.