Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)

Citation: Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)
Jurisdiction: Kentucky (state)
Source: Official source
Original Source: https://www.kycourts.gov/Courts/County-Information/Documents/ClerksManual.pdf ↗

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76.1.17 Renouncing a Will
When a spouse dies testate (with a will), the surviving spouse may renounce the
Quick Reference
will and release what is given to him or her by the will, if any, and receive his or
her share of the estate under KRS 392.020 as if no will had been made. The
relinquishment and certificate shall be filed within six (6) months after the
admission of the will to probate, provided there is no action contesting the will
is brought. KRS 392.080.
1. Upon receipt of a notarized relinquishment of a will, apply the FILED File, date, initial
stamp to the statement; add the date and your initials.
2. File the statement on a document screen in the existing probate action in Document code
district court using document code MIS and include a brief description. MIS
3. If you receive a motion requesting a hearing, schedule a hearing before
the district judge.
NOTE: The petitioner is responsible for filing the statement of
relinquishment with the county clerk of the county where the will of the
deceased spouse was admitted to probate. The petitioner is responsible
for the county clerk’s recording fee. KRS 392.080.

462
PROBATE

76.1.18 Contested Will
 If a will is contested, an original action is filed in circuit court. KRS Quick Reference
394.240.
 Any person aggrieved by the action of the district court in admitting a will
to record or rejecting it may bring an original action in the circuit court of
the same county to contest the action of the district court. Such action
shall be brought within two (2) years after the decision of the district Case type OTH
court.
 Open using case type OTH. See Civil Actions.