Entirety needs express words, and the marital home gets special protection
Under KRS § 381.050, real estate conveyed to a husband and wife creates a tenancy in common by default, unless survivorship is expressly provided for. Kentucky also has an unusual protection: a married couple's own residence, held jointly with survivorship, generally can't be unilaterally split apart by one spouse the way other joint tenancies can. See our full breakdown of Kentucky joint tenancy and entirety rules.
A TOD deed that got remarkably close in 2026
Kentucky has tried five times since 2017 to adopt a real-estate transfer-on-death deed. The closest attempt, Senate Bill 34, passed the Kentucky Senate by a lopsided 36 to 2 vote in March 2026 — then died when the House didn't take it up before the session ended. See our full guide to Kentucky's TOD-deed history and what owners use in the meantime.
Bank accounts favor the survivor, hard to override by will
A Kentucky joint account passes to the surviving party by default, unless there's clear and convincing written evidence of a different intention when the account was created — and that survivorship right generally can't be changed by a later will. See our guide to Kentucky beneficiary and P.O.D. accounts, including a real case where a prenuptial agreement wasn't enough to defeat it.
Where this feeds into other Kentucky calculators
The probate-estate total from this tool is the starting point for Kentucky's probate cost and executor fee calculators, and for checking Kentucky's small estate procedures. Kentucky has a state inheritance tax that can apply even to assets that skip probate — see our Kentucky Inheritance Tax Calculator for that separate calculation.