Free Kentucky Postnuptial Agreement Template

A Kentucky postnuptial agreement is a written contract spouses sign after the wedding about property, debts, and rights at death or divorce. It matters more than it used to, because Kentucky rewrote its dower and curtesy law effective July 15, 2026.

What Dower and Curtesy Give a Survivor

When a spouse dies intestate, the survivor takes a life estate in one-third of real estate the deceased spouse held during the marriage but not at death. That’s in addition to the survivor’s intestate share. The survivor also takes an absolute interest in one-half of the surplus personalty (KRS 392.020(1)). That holds unless the survivor’s right has been barred, forfeited, or relinquished.

Surplus Personalty Now Reaches Nonprobate Assets

Under the 2026 version, surplus personalty includes property payable by beneficiary, transfer-on-death, or payable-on-death designation, including retirement accounts. It also includes property jointly owned with right of survivorship to another person (KRS 392.020(2)).

Trusts and Recent Transfers Count Too

Property in a trust the decedent could revoke counts as well. So do transfers to someone other than the spouse, the decedent, or a qualified charity made less than two years before death (KRS 392.020(5)-(6)). Life insurance death benefits are excluded. However, the statute credits proceeds paid to the surviving spouse against their share (KRS 392.020(4)).

Agreements Can Exclude Property at Divorce

At divorce, marital property excludes property excluded by valid agreement of the parties (KRS 403.190(2)(d)).

If your estate plan relies on nonprobate assets, yes. The 2026 amendment added a definition of surplus personalty that pulls in beneficiary accounts, survivorship property, and revocable trusts (KRS 392.020(2), (5)).

So a Kentucky postnuptial agreement signed now should say plainly what happens to dower and curtesy rights. Also review any agreement signed before the change, since it may not mention assets the statute now reaches.

Take these steps when preparing a Kentucky postnuptial agreement:

1. List every asset by type. Separate probate property from beneficiary accounts, joint accounts, and trusts.
2. Note recent transfers. Flag any transfer made within the last two years.
3. Decide on survivor rights. State whether each spouse keeps, limits, or relinquishes dower or curtesy.
4. Exclude property for divorce. Name any asset the agreement keeps out of the marital estate.
5. Exchange full financial disclosure and allow time for independent advice.
6. Sign and date the agreement, then update beneficiary designations to match.

Build the agreement around the new rules:

• Asset schedule — probate and nonprobate property listed separately
• Dower and curtesy terms — what each spouse keeps or relinquishes
• Excluded property — assets kept out of the marital estate at divorce
• Beneficiary plan — how designations will match the agreement
• Signature page — both spouses, dated