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Bill > SB34

KY SB34

KY SB34
AN ACT relating to the transfer of property upon death.

summary

Introduced
01/06/2026
In Committee
03/24/2026
Crossed Over
03/13/2026
Passed
Dead
04/15/2026

Introduced Session

Potential new amendment
2026 Regular Session

Bill Summary

Create new sections of KRS Chapter 391 to establish the Kentucky Uniform Real Property Transfer on Death Act to codify provisions for the creation, administration, modification, termination, and validity of transfer on death deeds; define terms; specify that a transfer on death deed is not an inter vivos transfer and that the transfer occurs at the time of the transferor's death; specify that the transferor retains the power to revoke a transfer on death deed; establish that a transfer on death deed is nontestamentary; establish requirements for a transfer on death deed and specify the process of recording a transfer on death deed; specify that a transfer on death deed is effective without acceptance by the beneficiary during the transferor's lifetime; establish provisions for the revocation of a transfer on death deed by instrument or act; establish the effect of a transfer on death deed during the transferor's life; allow a beneficiary to disclaim the property interest in the deed; establish a form for creating at transfer on death deed; establish a form for revocation of a transfer on death deed; require the Department of Revenue to provide the established forms; specify the applicability of KRS Chapter 391; conform to federal requirements related to electronic signatures and records; amend KRS 64.012 to provide the recording fee for a transfer on death deed or revocation; require the Department of Medicaid Services to prescribe and provide a form requiring information related to any Medicaid lien; provide that Sections 1 to 14 of this Act may be cited as the Uniform Real Property Transfer on Death Act; Amend KRS 381.280, 382.110, 382.135, 391.360, 392.020, 392.070, and 403.190 to conform; create a new section of KRS Chapter 186A to define terms; establish requirements for a transfer of a vehicle's title to a named beneficiary upon the death of the owner; direct the Transportation Cabinet to develop a form for transfer; amend KRS 395.455 to dispense with administration of an estate and transfer property under certain circumstances relating to minors and payment of preferred claims.

AI Summary

This bill establishes the Kentucky Uniform Real Property Transfer on Death Act, which allows individuals to designate beneficiaries to receive their real property upon their death through a "transfer on death deed." This deed is a nontestamentary document, meaning it does not go through probate and is not subject to inheritance tax, and the transferor retains the right to revoke it during their lifetime. The act outlines the requirements for creating, revoking, and recording these deeds, ensuring they are properly executed and acknowledged. It also specifies that the property is transferred subject to any existing liens or encumbrances, and that beneficiaries can disclaim their interest. The bill also introduces a similar "transfer on death" designation for vehicles, allowing for the direct transfer of title to a named beneficiary upon the owner's death, bypassing probate. Additionally, it amends existing laws to adjust recording fees for these new types of deeds and to conform to federal requirements regarding electronic signatures. Finally, it modifies provisions related to dispensing with estate administration for certain circumstances involving minors and preferred claims.

Committee Categories

Government Affairs, Justice

Sponsors (5)

Last Action

to Local Government (H) (on 03/24/2026)

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