Transfer on Death Deed in Kentucky: Why It Doesn't Exist and What to Do Instead

Kentucky Does Not Allow Transfer on Death Deeds

If you're searching for a TOD deed template for Kentucky real estate, stop. Kentucky does not recognize transfer on death deeds — also called beneficiary deeds — for real property. Any form you find online claiming to be a "Kentucky TOD deed" is invalid and won't transfer your home at death.

This catches many people off guard, especially those who've moved from states like Missouri, Ohio, or Colorado where TOD deeds are routine. In those states, you record a simple deed naming a beneficiary, and the property passes automatically at death without probate. Kentucky has no equivalent mechanism for real estate.

What Happened to Senate Bill 34

During the 2026 legislative session, Senate Bill 34 attempted to adopt the Uniform Real Property Transfer on Death Act in Kentucky. The bill would have authorized TOD deeds statewide. It passed the Senate by a lopsided 36-2 vote on March 12, 2026 — then died in the House Local Government Committee on March 24, 2026, without ever reaching a floor vote.

Until the legislature revisits this issue, real estate in Kentucky cannot pass by beneficiary deed. If you own property solely in your name, it must go through probate to transfer title after your death.

The Three Legal Alternatives

Since TOD deeds aren't available, Kentucky property owners have three legitimate ways to keep real estate out of probate.

Joint Tenancy with Right of Survivorship (JTWROS)

When you hold property as joint tenants with right of survivorship, the deceased owner's share transfers automatically to the surviving owner. No probate required.

The critical detail: Kentucky defaults to tenancy in common unless the deed explicitly states "joint tenancy with right of survivorship." A deed that just says "John and Jane Smith" creates a tenancy in common, meaning the deceased owner's share goes through probate. The survivorship language must appear in the deed itself.

To add JTWROS to an existing deed, you'll need to execute a new deed with explicit survivorship language and record it with the county clerk. Both current owners must sign.

Tenancy by the Entirety

This is a special form of joint ownership reserved exclusively for married couples. It includes automatic survivorship rights and also shields the property from the individual creditors of either spouse during the marriage. When one spouse dies, the surviving spouse automatically owns the entire property.

If you're married and your property deed already says "tenants by the entirety" or was conveyed to you as a married couple (Kentucky courts generally presume this form for married co-owners), you likely have survivorship protection already.

Revocable Living Trust

You transfer title of your real property to yourself as trustee of your revocable living trust during your lifetime. When you die, the successor trustee distributes the property to your beneficiaries according to the trust agreement — completely outside probate.

A trust is the most flexible option, especially if you own multiple properties, want to control distribution timing (such as holding property for minor children), or own property in more than one state.

What About Financial Accounts?

Here's where the distinction matters: while Kentucky doesn't allow TOD deeds for real estate, TOD and POD designations for financial accounts are completely legal and effective. You can add a payable-on-death designation to bank accounts, and a transfer-on-death designation to brokerage and investment accounts. These transfer directly to your named beneficiary at death, bypassing probate entirely.

The gap is specifically with real property. For everything else — bank accounts, investment accounts, retirement funds, life insurance — beneficiary designations work exactly as expected.

The Kentucky Basic Estate Planning Kit includes a property title audit worksheet that helps you verify how each asset is titled and whether it will require probate — plus step-by-step instructions for the alternatives that actually work in Kentucky.

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