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.