Do I Need a Transfer on Death Deed in Kentucky?
Kentucky does not authorize transfer on death deeds; sole-name real property goes through probate, at least 6 months for a simple estate, unless held in a trust or with a right of survivorship.
No. Kentucky does not allow transfer on death deeds. 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 381, 382, 391, or 394.
Because Kentucky has no TOD deed, real property passes outside probate through: Revocable living trust; Joint tenancy with right of survivorship (must be expressly stated in the deed); Life estate deed with remainder interest. The Kentucky trust vs. will comparison sets the routes side by side.
35 jurisdictions allow a transfer on death deed for real property; Kentucky is not one of them. A revocable living trust does the same work in every state and covers the other assets as well.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate in Kentucky
Free forms for planning your estate in Kentucky: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Healthcare Power of Attorney
Kentucky allows a choice for a healthcare power of attorney: 2KRS 311.625Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Kentucky treats a power of attorney as durable by defaultKRS § 457.050Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementKRS § 457.050Verified Sep 18, 2026View source.
Living Will
In Kentucky, the living will is the Living Will DirectiveKRS 311.621 to 311.643 (Kentucky Living Will Directive Act); KRS 311.623, 311.625Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Last Will and Testament
In Kentucky, a will is signed before 2KRS 394.040Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyKRS 394.040Verified Oct 18, 2026View source.
Tools for Planning Your Estate in Kentucky
Free tools for planning your estate in Kentucky: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Do I Need a Vehicle TOD?
Kentucky does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Kentucky runs $3,440Estimate: 10 hours at $344, Clio's Kentucky Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,160Estimate: 15 hours at $344, Clio's Kentucky Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $819Estimate: 3 hours at $273, Clio's Kentucky Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,638Estimate: 6 hours at $273, Clio's Kentucky Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Kentucky, four years at a public university cost about $92,880NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 10% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; an inheritance tax falls on beneficiariesKRS 140.060, 140.070, 140.080, 140.160, 140.210Verified Sep 15, 2026View source by relationship.
Are My Beneficiary Designations Protected?
Kentucky does not revoke an ex-spouse as beneficiary at divorceKRS 394.092Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does Probate Cost?
Probate on a $500,000 estate in Kentucky costs an estimated $23,308Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule)Verified Sep 8, 2026View source. Attorney fees run 1.5%Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule)Verified Sep 8, 2026View source to 2.4%Reasonable compensation; no probate-specific attorney fee statute (SCR 3.130-1.5(a) general rule)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Kentucky, a surviving spouse takes the entire estateKRS § 391.010Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesKRS § 391.040Verified Sep 10, 2026View source.
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Kentucky Estate Planning Resources
In-depth guides covering Kentucky probate laws, trust requirements, and estate planning strategies.