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Transfer on Death Deed Laws in Kentucky

Kentucky does not have a transfer on death deed statute for real estate; a 2026 bill to adopt the uniform act passed the Senate but was not enacted.

Last checked . General information, not legal advice.

Kentucky at a glance

TOD deed allowed
No
2026 Senate Bill 34 would have created the Kentucky Uniform Real Property Transfer on Death Act but stalled in a House committee.
Uniform act adopted
No
The uniform act was proposed in 2026 SB 34 but not enacted.
Recording rule
Not applicable (no TOD deed law)

Sources

Last checked

The rules in Kentucky

Does Kentucky allow transfer on death deeds for real estate?

No. TOD deed allowed in Kentucky: no. 2026 Senate Bill 34 would have created the Kentucky Uniform Real Property Transfer on Death Act but stalled in a House committee.

Has Kentucky adopted the Uniform Real Property Transfer on Death Act?

No. Uniform act adopted in Kentucky: no. The uniform act was proposed in 2026 SB 34 but not enacted.

When must a transfer on death deed be recorded in Kentucky?

Recording rule in Kentucky: Not applicable (no TOD deed law).

Where do the Kentucky transfer on death deed laws come from?

The rules above come from Kentucky General Assembly, 2026 RS SB 34 bill record and KRS Chapter 391 table of sections (Kentucky General Assembly). Each source is linked on this page. We last checked them in October 2026.

Good to know

Senate Bill 34 of the 2026 Regular Session passed the Senate 36 to 2 on March 12, 2026, and was sent to the House Local Government committee on March 24, 2026, with no further action recorded.

KRS Chapter 391, which the bill would have amended, contains no transfer on death deed sections in the version that includes enactments through the 2026 Regular Session.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.