Do I Need a Transfer on Death Deed in Kentucky?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

State where property is located

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

No. Kentucky does not currently 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 391 or 394.

Because Kentucky does not allow TOD deeds, alternatives for avoiding probate on real property include: Revocable living trust, Joint tenancy with right of survivorship (must be expressly stated in the deed), Life estate deed with remainder interest. Compare your options with the trust vs. will comparison.

Without a TOD deed option, real property in Kentucky typically passes through probate unless held in a trust or with joint tenancy. Use the Kentucky probate calculator to estimate what that would cost.

TOD Deeds in Kentucky

Kentucky does not currently allow transfer on death deeds (No). 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. Without this option, real property passes through probate unless held in a trust or with joint tenancy.

Because TOD deeds are unavailable, the primary alternative for avoiding probate on real estate in Kentucky is a revocable trust. Probate for simple estates takes at least 6 months, and estates under $30,000 may qualify for simplified procedures. The probate calculator shows the full cost picture.

The trust vs. will comparison outlines the differences for Kentucky families weighing their options for avoiding probate on real property and other assets.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

KRS 391.030 (small estate exemption)

Data sourced from Kentucky statutes and official state code. How we research.

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