Does Kentucky Allow Transfer on Death Deeds?
Kentucky does not authorize transfer on death deeds. 3 alternatives are available to transfer real property at death without probate.
Why TOD deeds aren't available in Kentucky
Kentucky has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute. SB 34 (2026 RS) proposed adding the URPTODA to KRS Chapter 391, but it died in the House and was never codified; no TOD deed section exists in KRS Chapter 391 or 394.
Kentucky SB 34 (2026 RS) would have established the Kentucky Uniform Real Property Transfer on Death Act. It passed the Senate 36-2 on 3/12/2026 with Floor Amendment 2 and was referred to the House Local Government Committee on 3/24/2026, but received no further action before the 2026 Regular Session adjourned Sine Die on 4/15/2026 — the bill died in committee. Prior URPTODA attempts (2018 HB 94, 2023 HB 72, 2024 HB 50) also failed to enact. As of 2026-07-13, no TOD deed statute exists in Kentucky (verified against codified KRS Chapter 391 and 394).
Alternatives for Kentucky
These mechanisms transfer real property at death without probate in Kentucky:
- •
- •Joint tenancy with right of survivorship (must be expressly stated in the deed)
- •Life estate deed with remainder interest
Consult a licensed attorney for help choosing the right mechanism for your situation.
Legislation pending
Kentucky legislators have introduced bills to authorize transfer on death deeds. The law has not been enacted as of the verification date (2026-07-13).
Frequently asked questions
Kentucky has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute. SB 34 (2026 RS) proposed adding the URPTODA to KRS Chapter 391, but it died in the House and was never codified; no TOD deed section exists in KRS Chapter 391 or 394.
Kentucky recognizes 3 alternatives for transferring real property outside of probate: Revocable living trust; Joint tenancy with right of survivorship (must be expressly stated in the deed); Life estate deed with remainder interest.
No. Real property transfers are governed by the state where the property is located. A TOD deed signed under another state's law has no effect on real property in Kentucky.
Yes. Legislation authorizing transfer on death deeds has been proposed in Kentucky, but is not currently enacted. Kentucky SB 34 (2026 RS) would have established the Kentucky Uniform Real Property Transfer on Death Act. It passed the Senate 36-2 on 3/12/2026 with Floor Amendment 2 and was referred to the House Local Government Committee on 3/24/2026, but received no further action before the 2026 Regular Session adjourned Sine Die on 4/15/2026 — the bill died in committee. Prior URPTODA attempts (2018 HB 94, 2023 HB 72, 2024 HB 50) also failed to enact. As of 2026-07-13, no TOD deed statute exists in Kentucky (verified against codified KRS Chapter 391 and 394).