Kentucky's Near-Miss Transfer-on-Death Deed

Thirty-six senators voted for it. Two voted against it. And then the clock ran out before the House ever got the chance to vote at all.

Five attempts since 2017

Kentucky has not adopted the Uniform Real Property Transfer on Death Act, but not for lack of trying. Bills to create one have been introduced repeatedly: HB 357 in 2017, HB 94 in 2018, HB 72 and SB 208 in 2023, HB 50 in 2024, and SB 34 in 2026. None has been enacted — though the most recent attempt came closer than any before it.

A 36-2 Senate vote, then silence in the House

Senate Bill 34 passed the Kentucky Senate by a lopsided vote of 36 to 2 on March 12, 2026 — a level of bipartisan support that suggests genuine, broad agreement on the underlying idea. From there, the bill was referred to the House Local Government Committee on March 24, 2026. It was never taken up before the legislative session ended, meaning the bill died despite its overwhelming Senate support — a matter of legislative timing and committee scheduling rather than any substantive opposition in that chamber.

What the bill would have required

Modeled directly on the Uniform Real Property Transfer on Death Act, SB 34 would have required the deed to be executed by the property owner with legal capacity, acknowledged before a notary public or authorized officer, and recorded in each county where the property is located — before the owner's death. The bill also required an express statement that the transfer would be effective only at death, and it would have let the owner revoke the deed at any time during their life, with the property owner retaining full ownership rights in the meantime.

Joint ownership would still have come first

Like most other states' TOD-deed statutes, SB 34's proposed language wouldn't have overridden an existing right of survivorship. If the transferor were a joint owner survived by one or more other joint owners with a right of survivorship, the property would belong to that surviving joint owner or owners instead — the TOD deed would take effect only if the transferor turned out to be the last surviving joint owner. The bill's definition of "joint owner" specifically included both joint tenants and tenants by the entirety, but excluded a tenant in common or an owner of community property without a right of survivorship.

Watch for a future session

Given the strength of the 2026 Senate vote, it's reasonable to expect Kentucky lawmakers will bring this back in a future session, likely picking up close to where SB 34 left off. Until some version of this bill actually clears both chambers and gets signed into law, though, Kentucky real estate has no statutory transfer-on-death option.

What Kentucky owners use in the meantime

Without a TOD deed, Kentucky owners rely on the established alternatives: a revocable living trust, joint tenancy with right of survivorship, or, for married couples, tenancy by the entirety with survivorship expressly stated in the deed. Each of these keeps real estate out of probate, though none offers quite the same simplicity as a straightforward beneficiary-designation deed would.

Kentucky TOD deed — frequently asked questions

How many times has Kentucky tried to pass a real-estate TOD deed law?

Five times since 2017: HB 357 in 2017, HB 94 in 2018, HB 72 and SB 208 in 2023, HB 50 in 2024, and SB 34 in 2026 — none has been enacted.

How close did Kentucky's 2026 TOD deed bill come to passing?

Very close on one side of the process. Senate Bill 34 passed the Kentucky Senate by a vote of 36 to 2 on March 12, 2026, but it was not taken up by the House Local Government Committee before the legislative session adjourned.

What would Kentucky's proposed TOD deed have required?

Modeled on the Uniform Real Property Transfer on Death Act, it would have required execution by the owner with legal capacity, acknowledgment before a notary, recording in each county where the property is located before the owner's death, and an express statement that the transfer takes effect only at death.

Would Kentucky's proposed TOD deed have overridden an existing joint owner's survivorship right?

No. Under the bill's proposed language, if the transferor was a joint owner survived by another joint owner with a right of survivorship, the property would belong to that surviving joint owner instead — the TOD deed would only take effect if the transferor were the last surviving joint owner.

What do Kentucky property owners use instead of a TOD deed?

The main alternatives are a revocable living trust, joint tenancy with right of survivorship, or, for married couples, tenancy by the entirety with survivorship expressly stated in the deed.

This page provides general guidance only and is not legal advice. Figures are based on the Kentucky General Assembly's public bill history, verified per our methodology. Legislation can change; confirm the current status with the Kentucky Legislature or a licensed Kentucky attorney before acting.