Does Kentucky allow a transfer on death deed?
No. Kentucky has no transfer on death deed law for real estate. Last checked .
Kentucky at a glance
- TOD deed for real estate
- No
How a house passes in Kentucky without a TOD deed
- Small-estate affidavit cap. No affidavit
- Real estate. No small-estate affidavit for land. The official sources reviewed do not provide a no-court small-estate route for real estate.
- Petition to dispense with administration (KRS 395.455; AOC-830). District Court may order no administration and transfer assets to the surviving spouse (or, if none, the surviving children, or a person the spouse designates) when the $30,000 exemption alone or with paid preferred claims equals or exceeds distributable assets. Alternatively (KRS 395.470), administration can be ended by a written agreement of all beneficiaries under penalty of perjury when the estate owes no debts, after creditors are advertised for 6 weeks; the motion may be filed only after any will is probated and a personal representative is appointed, and the court may require a surety bond.
Good to know in Kentucky
- Kentucky has no statute for a transfer-on-death deed for real estate. 2026 SB 34, the Kentucky Uniform Real Property Transfer on Death Act, passed the Senate 36-2 on 2026-03-12. It was sent to the House Local Government committee on 2026-03-24, with no further action, and was not enacted. Earlier bills (2023 SB 208, 2023 HB 72, 2024 HB 50) also failed.
- Kentucky statutes recognize a survivorship right between spouses when a deed expressly provides it (KRS 381.050).
Official pages
Sources
- Kentucky General Assembly, 2026 SB 34 bill record (read October 28, 2026)
- Kentucky General Assembly, 2023 SB 208 bill record (read October 28, 2026)
- Kentucky General Assembly, 2024 HB 50 bill record (read October 28, 2026)
- KRS 381.050 (read October 28, 2026)
Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.
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- RentingBreaking a leaseTenant notice (month-to-month): 30 days, ending with a rental period (Only in cities/counties that adopted URLTA (KRS 383.500)); Varies (see rule) (Only where URLTA has not been adopted); 10 days (Only in URLTA localities; a tenancy that began when a written lease ended (holdover))
- RentingEviction noticesUnpaid rent notice: 7 days (pay or move out)
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- RentingRent increasesNotice before a rent increase: 30 days / 7 days / 1 month
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- Small claimsSmall claims courtMost you can sue for: $2,500
- EstatesSmall estate affidavitSkip-probate cap: No affidavit (court shortcut)
- Cost of livingChildcare costsCounties with prices: 120