How Do I Avoid Probate in Kentucky?

Kentucky's nonprobate-transfer statute names an insurance policyKRS 391.360(1)Verified Nov 1, 2026View source: the death benefit is paid to the beneficiary the owner designated, outside probate. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. An IRA is the state's: Kentucky's statute names an individual retirement accountKRS 391.360(1)Verified Nov 1, 2026View source, so the balance is paid to the named beneficiary outside probate. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in Kentucky: Kentucky has two survivorship vestings: joint tenants with a right of survivorship, where the deed shows the owners intended the share of one who dies to belong to the others, and a husband and wife holding with a right to the entirety by survivorship, which the deed must provide for expressly. Without that language the owners hold as tenants in commonKRS chs. 381 (§§ 381.050, 381.120, 381.130) and 382 (§§ 382.110 to 382.337); chs. 140, 213 and 391; KRS 64.012Verified Oct 26, 2026View source. In Kentucky, no statute authorizes a transfer on death deed. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

In Kentucky, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.