Free Kentucky Prenuptial Agreement Template

A Kentucky prenuptial agreement is a written contract future spouses sign to settle property, support, and inheritance terms before marriage. Kentucky’s dower and curtesy rules in KRS chapter 392 bear directly on the estate side of these agreements.

Because dower and curtesy shape what a surviving spouse receives, they’re the place to start.

The Default Share

Under KRS 392.020(1), a survivor of a spouse who dies without a will gets two things beyond their intestate share. First, a life estate in one-third of real estate the other spouse owned outright during the marriage but not at death. Second, an absolute estate in one-half of the surplus personalty.

However, the real-estate interest doesn’t apply if something has barred, forfeited, or relinquished the survivor’s right.

A 2026 Change Widened the Share

Amendments effective July 15, 2026, expanded what counts as surplus personalty. It now includes property that passes by:

• Beneficiary, transfer-on-death, or payable-on-death designation, including retirement accounts
• Joint ownership with right of survivorship
• A trust the decedent could revoke, or a general power of appointment

Most transfers made less than two years before death also count. Life insurance death benefits don’t, although the law credits proceeds paid to the spouse against the share.

Jointure

Under KRS 392.120, a conveyance or devise by way of jointure may bar the surviving spouse’s interest. But if a partner never consented to a jointure made before marriage, they can waive it within 12 months after the death.

It widens the list of assets your agreement should address. Since July 15, 2026, retirement accounts, beneficiary-designated accounts, and revocable-trust assets can all feed a survivor’s dower or curtesy share.

So a Kentucky prenuptial agreement that only mentions a will may leave gaps. Name these asset types directly if you want the agreement to cover them.

Consent matters too. Under KRS 392.120, a spouse who never agreed to a premarital jointure can undo it after the death. They do so with a written relinquishment left with the county clerk. That makes both partners’ signed agreement especially important.

1. List every account with a beneficiary. Include retirement plans, payable-on-death accounts, and trusts.
2. Disclose everything you own and owe. Both partners should see the complete picture.
3. Decide on dower and curtesy terms. Spell out which estate rights each partner keeps or gives up.
4. Sign in a way that shows clear consent. Each partner’s signature should appear on the final page.
5. Update beneficiary forms to match. Keep your estate documents consistent with the agreement.

A Kentucky prenuptial agreement usually covers:

• Assets each of you owned before the wedding
• Your plan for property acquired during the marriage
• Dower and curtesy terms, naming the asset types covered
• Beneficiary-designated and trust assets
• Spousal support terms
• A signature and date line for each of you