SB 50 — AN ACT relating to the disposition of property.
Last action — signed by Governor (Acts Ch. 134)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 17, 2026. Enacted.
Signed by Governor Andy Beshear (Democratic) on April 13, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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2 sponsors
2 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 R).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Amend KRS 391.010 to specify the share of the surviving spouse in real property in an intestate estate; amend KRS 392.020 to identify surplus personalty and surplus real estate and the share of the surviving spouse to surplus personalty and surplus real estate in an intestate estate; amend KRS 394.300 to set the period of time a county clerk is required to hold a recorded will and to whom the will shall be returned upon expiration of the time period; amend various sections of KRS Chapter 395 to establish requirements for appointment as a fiduciary, confidentiality protections of assets of an estate, and when a hearing for appointment may be waived; amend various sections of KRS Chapter 395 to establish a written declaration under penalty of perjury in lieu of a sworn oath when accepted by the court; amend KRS 395.130 to establish that no bond shall be required of a personal representative unless a surety bond is ordered by the court or required by statute; amend various sections of KRS Chapter 395 to set the requirements for filing an inventory, including penalties for failure to timely comply with the statutory requirements; amend KRS 395.255 to require the clerk of the court to report to the judge on a monthly basis all filings that are not timely filed; amend KRS 395.380, 395.390, and 395.400 to change requirements for the appointment of a public administrator or guardian; remove the sheriff as a public administrator; amend various sections of KRS Chapter 395 to establish procedures to dispense with administration of testate and intestate estates; amend various sections of KRS Chapter 395 to establish procedures for the filing of periodic and final settlements; amend KRS 395.990 to increase the penalty from $10 to $100 for a fiduciary failing to file an inventory or account; amend KRS 199.520 to deem a child of adoption to be a child of the petitioners for purposes of inheritance and succession if the child was adopted and resided with the petitioners prior to the age of 18; amend KRS 140.070 and 140.080 to identify Class A and Class B beneficiaries for purposes of inheritance tax and provide exemptions; amend KRS 64.012 to establish a flat fee of $33 for the recording of a will or other probate document or a court-ordered name change with the county clerk; amend KRS 142.010 to establish a tax of $4 for each recorded will to be collected by the clerk of the court and paid to the county clerk; amend KRS 401.040 to authorize the clerk of the court to collect the fee on behalf of the county clerk for filing a name change order; create a new section of KRS Chapter 186A to set a procedure for the transfer of a motor vehicle upon death; amend KRS 138.470 to include the transfer on death of a motor vehicle as an exemption from the tax imposed by KRS 138.460; create new sections of KRS Chapter 394 to enact the Uniform Electronic Wills Act; define terms; establish the applicability of electronic wills; address the effect of a will electronically executed in another jurisdiction; establish requirements for executing and revoking an electronic will; address records that are not executed in compliance with the requirements for an electronic will; provide requirements for an electronic will to be self-proving; allow for certified paper copies of an electronic will; create new sections of KRS Chapter 394 to enact the Uniform Electronic Estate Planning Documents Act; define terms; establish that a nontestamentary estate planning document or a signature on a nontestamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form; provide that an electronic record of a document satisfies a requirement for a nontestamentary estate planning document to be in writing; establish notarization, acknowledgment, and verification requirements; create new sections of KRS Chapter 386 to enact the Kentucky Qualified Dispositions in Trust Act; define terms; establish requirements for qualified affidavit; prohibit claims by creditors against property subject to a qualified disposition to a qualified trust except under limited circumstances; provide that limitations on actions by creditors do not apply to past due child support, past due maintenance to a spouse or former spouse, or a written agreement, judgment, or order of a court for division of marital property of a spouse or former spouse; limit powers and rights of transferor to those conferred by the qualified trust; establish rules for avoiding a qualified disposition to a qualified trust; address rights of trustee and beneficiary when a qualified disposition has been avoided; provide that a spendthrift provision acts as a restriction on the transferor's beneficial interest in the trust under law other than bankruptcy law; enumerate persons who may not act as a qualified trustee; allow a transferor to appoint trust advisors; provide for the appointment of a successor trustee in certain circumstances; provide that the inclusion of certain provisions in the qualified trust instrument does not deem the trust to be revocable; specify application to trusts and dispositions of property on or after effective date of Act; establish a new subchapter of KRS Chapter 386B and create new sections to enact the Uniform Directed Trust Act; define terms; establish that the Act does not apply to powers of appointment; subject trust directors to same rules, liabilities, and fiduciary duties as trustees; enumerate powers of trust director and responsibilities of trustee in a trust under direction; provide for liability of trust director for breach of trust; time limitation for breach of trust action; require communication of information between trustees and trust directors; establish a new subchapter of KRS Chapter 386B and create new sections to enact the Uniform Trust Decanting Act; define terms; applicability of provisions; require fiduciaries to act in accordance with fiduciary duties in exercising trust decanting power; specify notice requirements prior to exercise of the decanting power; address authority to represent and bind or another person under a first-trust instrument; allow court intervention in disputes regarding the exercise of the decanting power; require an exercise of the decanting power to be made in a record signed by an authorized fiduciary; allow an authorized fiduciary with expanded distributive discretion over the principal of a first trust to exercise decanting power over the principal of the first trust; specify trust provisions and actions permissible when property is decanted to a second trust by such a fiduciary; allow an authorized fiduciary with limited distributive discretion over the principal of a first trust to exercising decanting power over the principal of the first trust; specify trust provisions and actions permissible when property is decanted to a second trust by such a fiduciary; establish rules for decanting to a special needs trust; establish rules to protect charitable trust interests; provide for limitations on decanting power through restrictions in a first-trust instrument; prohibit decanting to a second trust to increase fiduciary compensation unless beneficiaries of the second trust agree to the increase or it is approved by a court; address fiduciary compensation and liability in a second-trust instrument; provide for limitations on authority of authorized fiduciary to exercise decanting power to modify provisions relating to removal or replacement of the fiduciary; set limitations for exercise of the decanting power with respect to transfers of property affecting tax liability; specify requirements for duration of a second trust; allow authorized fiduciary to exercise decanting power regardless of whether the fiduciary could have made or would have been compelled to make a discretionary distribution under discretionary distribution standard of the first trust; provide for circumstances where decanting power is effective even if second trust does not comply in part with the provisions of the Act; provide for decanting powers to an animal trust; establish rules for disposition of later-discovered property; provide that obligations enforceable against first trust are enforceable to same extent against second trust; require provisions to be applied and construed so as to promote uniformity among states; conform to federal requirements related to electronic signatures and records; amend various sections of the Kentucky Revised Statutes to conform; repeal KRS 395.635, relating to certification of list of delinquent fiduciaries; repeal KRS 386B.8-080, relating to a settlor's power to direct a trust; repeal KRS 386.175, relating to second trusts; establish short titles.
Bill Text
What changed in the latest version
3257 added · 4388 removed3257 line(s) added, 4388 removed.
UNOFFICIALCHAPTER COPY134 261 RSCHAPTER 134 ( SB 50/EN50 ) AN ACT relating to the disposition of property.
Page 1 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (a) The] grandfather and grandmother equally, if both are living;
if there are none, then (c) To the stepchildren of the decedent[great-grandfathers and great-great-grandmothers, grandmothers, in the same manner prescribed for grandfather and grandmother by subsection (a);
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) The survivor shall also have an absolute estate in one-half (1/2) of the surplus personalty left by the decedent.
Unless the context otherwise requires, any Page 2 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN reference in the statutes of this state to "dower" or "curtesy" shall be deemed to refer to the surviving spouse's interest created by this section.
(a) To a trust over which the decedent held at the time of death a power of Page 3 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN revocation;
(b) For any will recorded on or after January 1, 2027, the county clerk shall Page 4 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN return the will to the person designated in the order admitting the will to probate no earlier than two (2) years after it has been recorded by the county clerk.
CHAPTER 134 3 (c) Any will recorded with the county clerk after January 1, 1978, and prior to January 1, 2027, that remains in the office of the county clerk may be destroyed or returned to either the person designated in the order admitting the will to probate or the person appointed as the executor or executrix of the decedent's estate no earlier than ten (10) years after the date of recording.
(c) The clerk shall make the same charge for recordation as is otherwise provided Page 5 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN for recording a will.
(1) Before being appointed as executor, administrator, curator, or administrator with the will annexed, every person shall make and file in duplicate a written application for appointment under oath, which shall include:[must state] (a) The names of the deceased's surviving spouse and all of his or her heirs-at-heirs-at-law[ law[ or such] as are known, and the United States postal address and electronic mail[their post office] address of each if known;[,] (b) The date of death;[ and also a statement in general terms as to what the estate consists of and the probable value of the personal and real estate and also] (c) A statement of any indebtedness owing by the applicant to the deceased;
Beginning January 1, 2028, collect the fee required by the county clerk under Section 56 of this Act for the filing of a will and the tax Page 6 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN required under Section 57 of this Act;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) (a) A written general financial disclosure statement of the property of the decedent, to the extent known, shall be filed separately at the time of filing the application for appointment.
Page 7 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN 1.
"I declare under the penalties of perjury of the laws of the Commonwealth of Kentucky, which may include a fine or imprisonment, that the foregoing is true Page 8 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN and correct." (5) If[The foregoing requirement in respect to names and addresses of heirs-at-law may be omitted when] the application for appointment is being made by the executor named in the will, the names and addresses of the heirs at law may be omitted unless requested by the court.
or[, or if such ] CHAPTER 134 5 2.
(8) Upon receipt of the filings and presentation of the will as required under this Page 9 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN section, the court, in its discretion, shall determine if a hearing on the application for the appointment of a fiduciary is required.
provided, however] (4) In any estate where the gross amount involved is less than five thousand dollars ($5,000) the court, in its discretion, may dispense with the notice requirements of Page 10 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN this section[ relating to notice].
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Section 8.
Page 11 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN If all the persons nominated as executors are under the age of eighteen (18) at the time of probating the will, or those who are of age fail to qualify, administration with the will annexed may be granted during[ such] minority.
Deposit all funds which come into my hands in a lawful Page 12 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN depository located within this Commonwealth and provide canceled checks as may be required to prove accounts;
(2) The court shall order a surety bond of a personal representative appointed under Page 13 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN this chapter when the:
CHAPTER 134 7 (a) Appointment is of a public administrator under Section 16 of this Act or a curator under Section 19 of this Act;
(5)[(2)] Whenever any personal representative, guardian, conservator, or fiduciary Page 14 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN who is required by law to execute a surety bond for the faithful discharge of his or her duties or fulfillment of his or her trust, procures as surety on his or her bond an incorporated surety company authorized to do business in this state, the necessary and reasonable cost incident to the surety bond shall be a lawful charge against the estate in the hands of the fiduciary, as other expenses of administration, and in his or her settlement the fiduciary shall be entitled to credit by the amount actually paid by him or her for that purpose, subject to the approval of the court which has approved the surety bond.
(1) (a) It shall be the duty of a personal representative of a decedent to file[return] an inventory[ in duplicate] no later than ninety (90) days[within two (2) months] from the time of qualifying as personal representative.[ such, to the clerk's office of the court in which he qualified,] Page 15 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (b) The inventory[original of which] shall be confidential except as provided in subsection (2)(a) of this section, and shall be placed under seal when filed.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) No person or entity authorized under subsection (3)(c) of Section 4 of this Act or by the court to receive records under seal, including the inventory filed under this section, shall copy, reproduce, or in any way release any information contained in the records without specific authorization from the court in which the personal representative qualified.
(5) (a) If the personal representative has cause to believe that any of the assets of the estate are concealed or wrongfully withheld from the personal representative, or that any person has in his or her possession or under his or her control any records, books, documents, or related information Page 16 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN concerning withheld assets or the ownership of withheld assets, the personal representative shall petition the court before which the estate action is pending for an order compelling discovery of the required information.
Page 17 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (3) If a fiduciary neglects or refuses to file an inventory or settlement[account] when due according to law, or when ordered by the court, the court shall notify the fiduciary of his or her delinquency and fix a date when the[such] inventory or settlement shall[account must] be filed.[ Unless there is pending in the circuit court a suit to settle the estate such neglect or refusal shall be grounds for removal by the court.] (4) (a) If the fiduciary fails to file the inventory or settlement by the extended date ordered by the court[such account within thirty days after the date fixed in said notice], the court shall enter an order for the fiduciary to appear before the court to show cause why he or she should not be found to have breached his or her fiduciary duty and be:
CHAPTER 134 9 (b) Failure to appear at a show cause hearing under this subsection shall result in automatic removal from service as a fiduciary.
An administrator de bonis non or any other successor appointed in the place of a personal representative who has resigned,[ or] has been removed,[ or] whose letters have been Page 18 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN revoked,[ or who] has ceased to act, or has died, may maintain an action against the former personal representative and the sureties on the administration surety bond, if any, and against the predecessor's real and personal representatives, for all damages or debts arising from the maladministration or omission of the predecessor.
(2) The public administrator or guardian appointed under this section:[He] (a) Shall serve at the discretion of the District Court;[.] (b)[(3)(b)[(3)He] He] Shall be sworn and execute bond with good surety to the state for the faithful discharge of his or her duties;[,] and (c) Upon being duly sworn and executing surety bond[when so sworn with bond so executed], shall be accepted by the court in every estate in which the public administrator is appointed without the necessity of additional surety.
(b) If there is no public administrator and guardian, the court shall use its Page 19 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN discretion to appoint an administrator[order the sheriff] to administer the estate.
(1) The public administrator and guardian or person appointed under Section 17 of this Act[sheriff] shall, by[ virtue of his office and the] order of the court, be the administrator or administrator de bonis non, or if there is a will, administrator with the will annexed, and shall have all the rights and powers,[ and] be subjected to the same liabilities, and be governed by the same laws prescribed for administrators and guardians.[ If the sheriff is acting, his powers, rights, duties and liabilities shall not expire with his office of sheriff.] Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) The court may, however, at any time, set aside the order entrusting the estate to the public administrator and guardian or person appointed under Section 17 of this Act[sheriff] and allow an executor or administrator to qualify.
(2) When any resident of this state or person owning property in this state has been absent from his or her last known place of residence for a period of one (1) year and is not known to have been living during that time, the District Court of any Page 20 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN county in which a personal representative could be appointed for that person's estate if deceased, may appoint a curator to collect and preserve the estate of that absent person.
Page 21 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (a) A surviving spouse or, if there is no surviving spouse, the surviving children have[has] waived[ his or her right to] the exemption accorded by law in favor of a person who has paid preferred claims in an amount equaling[equalling] or exceeding the amount of distributable[probatable] assets or who is legally entitled to[ such] payment;[,] or (b) [where ]There is no surviving spouse or surviving children, and another[such] person has paid preferred claims[made such payment] or is legally entitled to payment[thereto, the court may order that the administration of the estate be dispensed with and such assets transferred to such person.
CHAPTER 134 11 (d) Provision has been made for the state inheritance tax and the federal estate tax, if any;
and (e) [Either ]There are no claims or demands due the estate, if no trustee has been Page 22 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN designated by agreement[or the written agreement to dispense with administration designates a trustee with power to collect claims and demands].
(7) (a)[(4)] Prior to moving to dispense with administration by agreement, the Page 23 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN beneficiaries[persons applying for an order dispensing with administration] shall advertise for creditors of the estate[intestate] to appear and present any[their] claims to some person at the county seat.
The informal settlement shall be made, under oath, by the fiduciary and Pageshall 24state ofthat 147]The SB005020.100estate -was 141solvent;[ -that] XXXXLegislative 4/1/2026Research 9:25Commission PMPDF EngrossedVersion UNOFFICIALACTS COPYOF 26THE RSGENERAL SBASSEMBLY 50/EN shall state that ]The estate was solvent;[ that] (b) All legal claims and debts have been paid, or if not paid, the manner in which the claims and debts have been provided for;
(c) A[No] verified waiver shall not be required[need be obtained] from a nonresiduary legatee who has received and receipted for his or her legacy, and the canceled check or signed receipt attached to the proposed settlement shall be[being] sufficient evidence of satisfaction.[ The court may require the Page 25 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN fiduciary to execute bond with or without surety to insure the application of the estate assets to the debts of the decedent.] (3) An informal final settlement may be filed at any time after expiration of six (6) months from the date of the fiduciary's appointment.
(3) A periodic settlement shall identify all assets and investments of the trust estate Page 26 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN on hand, including a beginning and current value, and shall account for all receipts and disbursements occurring since the last inventory or settlement with supporting documentation.
Show all 233 changed lines (193 more)
CHAPTER 134 13 (a) A complete accounting[ on affidavit.
(6) No settlement[account] of a fiduciary, except of corporate fiduciaries under the supervision of state or federal banking authorities, shall be approved until there are exhibited to the court, for its examination, the security or securities shown in the account as being in the hands of the fiduciary, or the certificate of a bank having possession thereof or in which they have been deposited for safekeeping, and a Page 27 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN certified bank statement showing the funds to the credit of the trust.
The proposal may set forth which assets are to be distributed in kind Page 28 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN and to whom and which assets may be liquidated for distribution of cash or for payment of debts, costs of administration, or pecuniary legacies.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (6) [(2)] An aggrieved party may, no later than thirty (30) days from the entry of the order upon the proposed settlement, institute an adversary proceeding in Circuit Court pursuant to KRS 24A.120(2).
(2) If the settlement is not submitted as provided in subsection (5) of Section 24 of this Act and otherwise found by the court to be complete, the court shall direct the Page 29 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN clerk of the court to[make a written report of the settlement, showing each item of debit and credit, and the general result, and return it, with all evidence heard and vouchers filed, to the Circuit Clerk.
] Page 30 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (c) The fiduciary[ in such cases] shall file his or her affidavit that the[such] notice has been mailed.
CHAPTER 134 15 (1) The district judge shall at least once each year carefully inquire into the solvency of all the sureties upon the bond of each fiduciary that is required by law, or has been ordered by the court to post surety bond.
(2) [, and ]If there is reason to believe that any bond is not amply sufficient to protect those interested, the district judge[he] shall at once give notice to the fiduciary that Page 31 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN a new bond, or additional surety on the old bond[one], is required, and upon the failure of the fiduciary to give the required bond or surety within a reasonable time fixed by the court, the court shall remove the fiduciary[him].
Page 32 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (b) In the judgment, the name of the child shall be changed to conform with the prayer of the petition.
(4) (a) The cabinet or other child-placing agency shall provide to the adoptive parents and the Circuit Court,[health history and other nonidentifying background information of biological parents and blood relatives of the adopted person,] in writing, on a standardized form[,] provided by the cabinet, the health history and other nonidentifying background information of biological parents and blood relatives of the adopted person to the extent[if] Pageknown,[ 33shall ofbe 147given SB005020.100by -the 141cabinet -or XXXXchild-placing 4/1/2026Legislative 9:25Research PMCommission EngrossedPDF UNOFFICIALVersion COPYACTS 26OF RSTHE SBGENERAL 50/ENASSEMBLY known,[ shall be given by the cabinet or child-placing agency which has the information to the adoptive parents and to the Circuit Court] not later than the date of finalization of the adoption proceedings.
and Page 34 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (7) "Will" has the same meaning as in Section 123 of this Act.
or Page 35 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN 2.
CHAPTER 134 17 (2) An electronic symbol of a testator or witness shall consist of an electronic image of the testator's or witness's signature in his or her handwriting affixed to the electronic will.
(1) An electronic will may be simultaneously executed, attested, and made self-self-proving proving by acknowledgment of the testator and affidavits of witnesses.
Page 36 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (b) Evidenced by the notary public's certificate under official seal affixed to or logically associated with the electronic will;
(2) "Electronic record" means a record created, generated, sent, communicated, Page 37 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN received, or stored by electronic means;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Includes a record readable as text at the time of signing that creates, exercises, modifies, releases, or revokes:
and Page 38 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN 14.
A NEW SECTION OF KRS CHAPTER 394 IS CREATED TO Page 39 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN READ AS FOLLOWS:
CHAPTER 134 19 (2) Sections 41 to 55 of this Act do not apply to a nontestamentary estate planning document if the document precludes use of an electronic record or electronic signature.
A NEW SECTION OF KRS CHAPTER 394 IS CREATED TO Page 40 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN READ AS FOLLOWS:
If other law of this Commonwealth requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically Page 41 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN associates the individual's electronic signature on the document together with all other information required to be included under the other law.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY SECTION 50.
Page 42 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (4) If other law of this Commonwealth requires a nontestamentary estate planning document to be presented or retained in its original form, or provides consequences if a nontestamentary estate planning document is not presented or retained in its original form, an electronic record retained in accordance with subsection (1) of this section satisfies the other law.
Page 43 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN Sections 41 to 55 of this Act modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C.
CHAPTER 134 21 g.
Page 44 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN o.
For all items in this subsection if the entire thereof does not exceed five (5) pages .........................................................................$33.00..............................................................................................$33.00 And, for all items in this subsection exceeding five (5) pages, except any will or other probate document pursuant to KRS Chapter 392 or 394 under subdivision w.
of this subparagraph, for each additional page ..........................................................$3.00...............................................................................$3.00 And, for all items in this subsection for each additional reference relating to same instrument .....................................................$4.00..........................................................................$4.00 Page 45 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN 2.
(b) For noting a security interest on a certificate of title pursuant to KRS Chapter 186A ..................................................................................$12.00..........................................................................................................$12.00 (c) For filing the release of collateral under a financing statement Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY and noting same upon the face of the title pursuant to KRS Chapter 186 or 186A ...............................................................................................$5.00$5.00 (d) Filing or recording state tax or other state liens ........................................$5.00.................................................................$5.00 (e) Filing release of a state tax or other state lien ...........................................$5.00....................................................................$5.00 (f) Acknowledging or notarizing any deed, mortgage, power of attorney, or other written instrument required by law for recording and certifying same ...........................................................................................................$5.00..................................... (g) Recording plats, maps, and surveys, not exceeding 24 inches by 36 inches, per page ..................................................................................$40.00 (h) Recording a bond, for each bond .............................................................$10.00 (i) Each bond required to be taken or prepared by the clerk ..........................$4.00 (j) Copy of any bond when ordered ................................................................$3.00 (k) Administering an oath and certificate thereof ...........................................$5.00 (l) Issuing a license for which no other fee is fixed by law ............................$8.00 Page 46 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (m) Issuing a solicitor's license ......................................................................$15.00 (n) Marriage license, indexing, recording, and issuing certificate thereof ....$26.50 (o) Every order concerning the establishment, changing, closing, or discontinuing of roads, to be paid out of the county levy when the road is established, changed, closed, or discontinued, and by the applicant when it is not ...............................................................$3.00 (p) Registration of licenses for professional persons required to register with the county clerk ......................................................................$10.00 (q) Certified copy of any record ......................................................................$5.00 Plus fifty cents ($.50) per page after three (3) pages (r) Filing certification required by KRS 65.070(2)(a) ....................................$5.00 (s) Filing notification and declaration and petition of candidates for Commonwealth's attorney........................................................$200.00 (t) Filing notification and declaration and petition of candidates for county and independent boards of education .............................................$20.00 (u) Filing notification and declaration and petition of candidates for boards of soil and water conservation districts ...............................$20.00 (v) Filing notification and declaration and petition of candidates for other office ......................................................................................$50.00 (w) Filing declaration of intent to be a write-in candidate for office..............$50.00 (x) Filing petitions for elections, other than nominating petitions ................$50.00 (y) Notarizing any signature, per signature .....................................................$2.00 (z) Filing bond for receiving bodies under KRS 311.310 .............................$10.00 (aa) Noting the assignment of a certificate of delinquency and recording and indexing the encumbrance under KRS 134.126 or 134.127 .............$27.00 (ab) Filing a going-out-of-business permit under KRS 365.445 .....................$50.00 (ac) Filing a renewal of a going-out-of-business permit under KRS 365.445 $50.00 Page 47 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (ad) Filing and processing a transient merchant permit under KRS 365.680 .$25.00 (ae) Recording and indexing a real estate mortgage:
..............................................................................................$5.00 (g) Recording plats, maps, and surveys, not exceeding 24 inches by inches, per page ..........................................................................................................$40.00 (h) Recording a bond, for each bond .....................................................................................$10.00 (i) Each bond required to be taken or prepared by the clerk ...................................................$4.00 (j) Copy of any bond when ordered ........................................................................................$3.00 (k) Administering an oath and certificate thereof ....................................................................$5.00 (l) Issuing a license for which no other fee is fixed by law ....................................................$8.00 (m) Issuing a solicitor's license ...............................................................................................$15.00 (n) Marriage license, indexing, recording, and issuing certificate thereof ............................$26.50 (o) Every order concerning the establishment, changing, closing, or discontinuing of roads, to be paid out of the county levy when the road is established, changed, closed, or discontinued, and by the applicant when it is not .....................................................................................$3.00 (p) Registration of licenses for professional persons required to register with the county clerk .............................................................................................$10.00 (q) Certified copy of any record ..............................................................................................$5.00 Plus fifty cents ($.50) per page after three (3) pages (r) Filing certification required by KRS 65.070(2)(a) .............................................................$5.00 (s) Filing notification and declaration and petition of candidates for Commonwealth's attorney..............................................................................$200.00 (t) Filing notification and declaration and petition of candidates for county and independent boards of education ....................................................................$20.00 (u) Filing notification and declaration and petition of candidates for boards of soil and water conservation districts .....................................................$20.00 (v) Filing notification and declaration and petition of candidates for other office ............................................................................................................$50.00 (w) Filing declaration of intent to be a write-in candidate for office ......................................$50.00 (x) Filing petitions for elections, other than nominating petitions .........................................$50.00 (y) Notarizing any signature, per signature .............................................................................$2.00 (z) Filing bond for receiving bodies under KRS 311.310 .....................................................$10.00 (aa) Noting the assignment of a certificate of delinquency and recording and indexing the encumbrance under KRS 134.126 or 134.127 ..................................$27.00 CHAPTER 134 23 (ab) Filing a going-out-of-business permit under KRS 365.445 .............................................$50.00 (ac) Filing a renewal of a going-out-of-business permit under KRS 365.445 ........................$50.00 (ad) Filing and processing a transient merchant permit under KRS 365.680 ..........................$25.00 (ae) Recording and indexing a real estate mortgage:
For a mortgage that does not exceed thirty (30) pages....................$63.00pages ..........................................$63.00 2.
And, for a mortgage that exceeds thirty (30) pages, for each additional pagepage.........................................................................................................$3.00 .........................................................................................$3.00 (af) Filing or recording a lien or release of lien by a consolidated local government, urban-county government, unified local government, or city of any classclass...... ................................................................................................$20.00 (2) The sixty-three dollar ($63) fee imposed by subsection (1)(ae) of this section shall be divided as follows:
................................................................................................$20.00 (2) The sixty-three dollar ($63) fee imposed by subsection (1)(ae) of this section shall be divided as follows:
Be accumulated and transferred to the fiscal court or the legislative body of an urban-countyurban- county government on a monthly basis within Page 48 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN ten (10) days following the end of the month;
of this paragraph shall be paid by the county judge/executive or the chief Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY executive officer of an urban-urban-county county government by a warrant drawn on the fund and co-signed by the treasurer of the county or urban-county government.
No later than July 1 of each year, each county fiscal court or legislative Page 49 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN body of an urban-county government shall submit a report to the Legislative Research Commission detailing the receipts, expenditures, and any amounts remaining in the fund.
Page 50 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (1) The following taxes shall be paid:
CHAPTER 134 25 (5) (a) One dollar ($1) of the amount collected under each paragraph of subsection Page 51 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (1) of this section shall be placed in an agency fund in the Department for Libraries and Archives to be used exclusively for the purpose of preserving and retaining public records by continuing the local records grant program active in the Department for Libraries and Archives.
A NEW SECTION OF KRS CHAPTER 386 IS CREATED TO Page 52 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN READ AS FOLLOWS:
(9) "Qualified affidavit" means a sworn affidavit signed by the transferor before a disposition of assets to a qualified trust that meets the requirements of Section 60 Page 53 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN of this Act.
In the event of a disposition by a transferor who is a trustee, the affidavit shall be signed by the transferor who made the original disposition Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY to the trustee or a predecessor trustee in a form that meets the requirements of paragraphs (b) and (c) of subsection (11) of this section and shall state facts as of the time of the original disposition;
(b) Maintains or arranges for custody in this Commonwealth of some or all of the property that is the subject of the qualified disposition, maintains Page 54 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN records for the qualified trust on an exclusive or nonexclusive basis, prepares or arranges for the preparation of required income tax returns for the qualified trust, or otherwise materially participates in the administration of the qualified trust;
Page 55 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (5) The transferor is not involved in any administrative proceedings, except for those administrative proceedings identified on an attachment to the affidavit;
CHAPTER 134 27 (1) Notwithstanding any law to the contrary, including KRS 386B.5-020(7)(a), no action of any kind, including but not limited to an action to enforce a judgment entered by a court or other body having adjudicative authority, shall be brought at law or in equity for an attachment or other provisional remedy against property that is the subject of a qualified disposition to a qualified trust or for the avoidance of a qualified disposition to a qualified trust, unless:
Page 56 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (b) Any valid lien attaching to property before a disposition of that property to a trustee of a qualified trust shall survive the disposition, and the trustee shall take title to the property subject to the valid lien and subject to any agreements that created or perfected the valid lien.
(3) For purposes of Sections 59 to 69 of this Act, a qualified disposition that is made by means of a disposition by a transferor who is a trustee shall be deemed to have been made as of the time the property that is the subject of the qualified disposition was originally transferred to the transferor acting in the capacity of Page 57 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN trustee, or any predecessor trustee, in a form that meets the requirements of subsection (11)(a) and (c) of Section 59 of this Act.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) Notwithstanding any law to the contrary, no action of any kind, including but not limited to an action to enforce a judgment entered by a court or other body having adjudicative authority, shall be brought at law or in equity against a trustee or an advisor of a qualified trust, or against any person involved in the counseling, drafting, preparation, execution, or funding of a qualified trust if, as of the date the action is brought, an action by a creditor with respect to the qualified trust would be barred under this section.
(a) The making of a subsequent qualified disposition shall be disregarded in determining whether a creditor's claim with respect to a prior qualified Page 58 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN disposition is extinguished as provided in subsection (2) of this section;
(8) A qualified trust shall be subject to this section whether or not the transferor retains any or all of the powers and rights described in Section 68 of this Act or serves as an investment advisor pursuant to Section 66 of this Act.
Page 59 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN 1.
CHAPTER 134 29 SECTION 62.
The powers and rights conferred by the qualified trust upon the transferor are personal powers and rights that may not be exercised by a creditor or any other person, except Page 60 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN as expressly permitted by the trust.
The qualified disposition shall be avoided subject to the proper fees, costs, preexisting rights, claims, and interests of the qualified trustee Page 61 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN and of any predecessor qualified trustee that has not acted in bad faith;
A spendthrift provision as described in subsection (11)(c) of Section 59 of this Act shall be deemed to be a restriction on the transfer of the transferor's beneficial interest in Page 62 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN the trust that is enforceable under applicable nonbankruptcy law within the meaning of 11 U.S.C.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
A person may serve as an investment advisor notwithstanding that the person is the Page 63 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN transferor of the qualified disposition.
(5) The transferor's receipt each year of an amount specified in the trust, the amount Page 64 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN not to exceed five percent (5%) of the initial value of the trust or its value determined from time to time pursuant to the trust;
or CHAPTER 134 31 2.
provided, however, that the right shall not include the appointment of a person who is a related or subordinate party with respect to the transferor Page 65 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN within the meaning of 26 U.S.C.
Sections 59 to 69 of this Act shall apply to qualified dispositions to qualified trusts and dispositions by transferors who are trustees made on or after the effective date of this Page 66 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN Act.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Sections 70 to 86 of this Act apply to a trust, whenever created, that has its principal place of administration in this Commonwealth, subject to the following rules:
and Page 67 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (2) If the principal place of administration of the trust is changed to this Commonwealth on or after the effective date of this Act, Sections 70 to 86 of this Act apply only to a decision or action occurring on or after the date of the change.
The terms of the trust provide that the power is held in a nonfiduciary Page 68 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN capacity;
CHAPTER 134 33 (1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C.
and (2) A charitable interest in the trust, including notice regarding the interest to the Page 69 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN Attorney General.
(1) Subject to subsection (2) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under subsection (2)(a) of Section 74 of this Act, and Page 70 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN the trustee is not liable for the action.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) Subject to Section 79 of this Act, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related to both:
and Page 71 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (b) The powers or duties of the trustee or other director.
Page 72 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN SECTION 80.
CHAPTER 134 35 (1) By accepting appointment as a trust director of a trust subject to the provisions of Sections 70 to 86 of this Act, the director submits to personal jurisdiction of the courts of this Commonwealth regarding any matter related to a power or duty of the director.
(2) This section shall not preclude other methods of obtaining jurisdiction over a Page 73 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN trust director.
(1) "Appointive property" means the property or property interest subject to a power Page 74 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN of appointment;
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) Is held solely for charitable purposes and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary;
Page 75 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (7) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, a municipal or other governmental purpose, or another purpose the achievement of which is beneficial to the community;
(10) "Decanting power" or "the decanting power" means the power of an authorized fiduciary under Sections 70 to 86 of this Act to distribute property of a first trust to one (1) or more second trusts or to modify the terms of the first trust;
(a) Means a power that enables a powerholder acting in a nonfiduciary Page 76 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property;
CHAPTER 134 37 (23) "Second-trust instrument" means the trust instrument for a second trust;
Page 77 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN SECTION 88.
(3) Except as otherwise provided in a first-trust instrument, for purposes of Sections Page 78 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN 70 to 86 of this Act and KRS 386B.8-010 and 386B.8-020, the terms of the first trust are deemed to include the decanting power.
A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under Sections 87 to 114 of this Act, statutes of this Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Commonwealth other than Sections 87 to 114 of this Act, or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance.
(1) A notice period in this section begins on the day notice is given under subsection Page 79 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (3) of this section and ends fifty-nine (59) days after the day notice is given.
(6) The decanting power may be exercised before the expiration of the notice period Page 80 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN under subsection (1) of this section if all persons entitled to receive notice waive the period in a signed record.
CHAPTER 134 39 (3) A person with authority to represent and bind another person under a first-trust instrument or the provisions of this chapter may file an application under Section 94 of this Act on behalf of the person represented.
Page 81 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN SECTION 94.
Page 82 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (a) An increase in the fiduciary's compensation under Section 101 of this Act;
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) "Vested interest" means:
A right to a mandatory distribution that is a noncontingent right as of Page 83 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN the date of the exercise of the decanting power;
Page 84 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (a) Retain a power of appointment granted in the first trust;
PageCHAPTER 85134 of41 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (3) Under this section and subject to Section 99 of this Act, a second trust may be created or administered under the law of any jurisdiction.
or (c) The distribution is made as permitted under the terms of the first-trust instrument and the second-trustsecond- trust instrument for the benefit of the beneficiary.
Page 86 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (b) "Governmental benefits" means financial aid or services from a state, federal, or other public agency;
(3) In an exercise of the decanting power under this section, the following rules Page 87 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN apply:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Subsection (3)(c) of Section 96 of this Act shall not apply to the interests of the beneficiary with a disability;
and (b) "Unconditional" means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States Internal Revenue Code of 1986, as amended, Page 88 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN on the date of the distribution, if the charitable organization meets the requirement on the date of determination.
Page 89 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN SECTION 100.
or CHAPTER 134 43 (b) A power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
(4) Subject to subsections (1) and (2) of this section, an authorized fiduciary may exercise the decanting power under Sections 87 to 114 of this Act even if the first-first-trust trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust.
(5) If a first-trust instrument contains an express prohibition described in subsection (1) of this section or an express restriction described in subsection (2) of this section, the provision shall be included in the second-trustsecond- trust instrument.
(1) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's Page 90 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN compensation above the specified compensation unless:
(4) Subject to subsection (3) of this section, a second-trust instrument may divide and reallocate fiduciary powers among the fiduciaries, including one (1) or more trustees, distribution advisors, investment advisors, trust protectors, or other Page 91 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of this Commonwealth other than Sections 87 to 114 of this Act.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) The court approves the modification and the modification grants a substantially similar power to another person.
and (d) "Qualified benefits property" means property subject to the minimum distribution requirements of 26 U.S.C.
401(a)(9), as amended, and any applicable regulations, or to any similar requirements that refer to 26 Page 92 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN U.S.C.
(a) If a first trust contains property that qualified, or would have qualified but for provisions of Sections 87 to 114 of this Act other than this section, for a marital deduction for purposes of the gift or estate tax under the Internal Revenue Code or a state gift, estate, or inheritance tax, the second-trust instrument shall not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified;
2503(b), as amended, the second-trust instrument shall not include or omit a term that, if included in or omitted from the trust Page 93 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under 26 U.S.C.
2642(c), as amended, the second-trust instrument shall not include or omit a term that, if included in or omitted from the first-trust CHAPTER 134 45 instrument, would have prevented the transfer to the first trust from Page 94 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN qualifying for a zero inclusion ratio under 26 U.S.C.
The first-trust instrument expressly indicates an intent to qualify for the benefit or the first-trustfirst- trust instrument clearly is designed to enable the first trust to qualify for the benefit;
and Page 95 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN 2.
Page 96 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (1) Subject to subsection (2) of this section, a second trust may have a duration that is the same as or different from the duration of the first trust.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY SECTION 106.
and (b) A provision required by Sections 87 to 114 of this Act to be in the second-second-trust trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with Sections 87 to 114 of this Act.
(2) If a trustee or other fiduciary of a second trust determines that subsection (1) of Page 97 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN this section applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.
(1) For purposes of law of this Commonwealth other than Sections 87 to 114 of this Page 98 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN Act and subject to subsection (2) of this section, a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.
(1) Except as otherwise provided in subsection (3) of this section, if exercise of the decanting power was intended to distribute all the principal of the first trust to one (1) or more second trusts, later-discovered CHAPTER 134 47 property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts.
(2) Except as otherwise provided in subsection (3) of this section, if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one (1) or more second trusts, later-discoveredlater- discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.
Page 99 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN SECTION 113.
or (b) In a capacity other than that of trustee, holds a power of appointment over Page 100 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN trust property;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (9) "Jurisdiction," with respect to a geographic area, includes a state or country;
(13)[(12)] "Property" means anything that may be the subject of ownership, whether Page 101 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN legal or equitable, or any interest therein;
Established by other evidence that would be admissible in a judicial Page 102 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN proceeding;
CHAPTER 134 49 (b) "Trust" does not include a resulting or constructive trust, a business trust which provides for certificates to be issued to the beneficiary, an investment trust, a voting trust, a security instrument, a trust established by the judgment of a court, a liquidation trust, or a trust for the primary purpose of paying dividends, interests, interest coupons, salaries, wages, pensions or profits, or employee benefits of any kind, an instrument in which a person is nominee or escrowee for another, a trust established in deposits in any financial institution, or other trust the nature of which does not admit of general trust administration;
Page 103 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN Section 117.
and Page 104 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (m) The subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in KRS 386B.2-030 and 386B.2-040.
or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c)[(b)] All or part of the administration occurs in the designated jurisdiction.
and (e) The date, not less than sixty (60) days after the giving of the notice, by which Page 105 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN the qualified beneficiary shall notify the trustee of an objection to the proposed transfer.
Page 106 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (a) And, in the reasonable belief of the trustee, the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor;
CHAPTER 134 51 (2) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.
(6) Except as otherwise provided in subsection (7) of this section, a trustee who does Page 107 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN not join in an action of another trustee is not liable for the action.
If no written objection is provided within the forty-five (45) day time period, the information provided pursuant to paragraph (a) of this subsection shall be considered approved by the recipient and the trustee shall, within a reasonable period of time following the expiration of such period, distribute the assets as Page 108 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN provided in the trust.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) (a) When a trustee is removed or resigns pursuant to the terms of the trust, the trustee may follow the requirements for distribution upon termination as provided in KRS 386B.8-170 or, if proceeding under this section, the trustee, within a reasonable time after such removal or resignation, shall provide to the successor trustee a statement showing the net assets to be distributed, a trust accounting for the prior five (5) years, an estimate for any items reasonably anticipated but not yet received or disbursed, the amount of any fees, including trustee fees, remaining to be paid, and notice that the trustee has resigned or been removed.
(b) Any person provided notice and trust information as described in paragraph Page 109 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (a) of this subsection who objects to an action or omission disclosed shall provide written notice of the objection to the trustee within forty-five (45) days of the notice having been sent by the trustee.
(3) When a trustee distributes assets of the trust pursuant to subsection (1) or (2) of this section, the limitations in KRS 386B.6-040 and 386B.10-050 are waived by each person who received notice and either consented or failed to object pursuant to this section, and any such person is barred from bringing a claim against the trustee for Page 110 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN breach of trust or challenging the validity of the trust, to the same extent and with the same preclusive effect as if the court had entered a final order approving the trustee's final account.
CHAPTER 134 53 (a) "Beneficiary" means a person designated to receive title to a vehicle upon the death of the preceding owner or joint owners;
Page 111 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (b) "Beneficiary designation form" means a form that contains the intention of a present owner or joint owners of a vehicle to name one (1) beneficiary to receive title to the vehicle upon the death of the owner or last surviving joint owner of the vehicle;
and (b) Require the county clerk to record the name of the beneficiary on the title Page 112 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN upon receipt of the fee under KRS 186A.130.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
Properly executing a subsequent beneficiary designation form that removes the current beneficiary or designates a new beneficiary in Page 113 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN conformity with subsection (2) of this section.
The Page 114 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN motor vehicles shall not be leased, rented, or loaned to any person and shall be held for resale only;
(10) Motor vehicles transferred between a subsidiary corporation and its parent corporation if there is no consideration, or nominal consideration, or in sole Page 115 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN consideration of the cancellation or surrender of stock;
CHAPTER 134 55 (13) Motor vehicles repossessed by a secured party who has a security interest in effect at the time of repossession and a repossession affidavit as required by KRS 186.045(6).
If a motor vehicle is initially registered in one (1) declared gross weight range and subsequently is registered at a declared gross weight range lower than forty-forty-four Page 116 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN four thousand and one (44,001) pounds, the person registering the vehicle shall be required to pay the county clerk the usage tax due on the vehicle unless the person can provide written proof to the clerk that the tax has been previously paid;
(1) If a personal representative moves out of the state and fails to designate a process agent as required by KRS 395.015[(1)], becomes insane or otherwise incapable to discharge the trust, goes bankrupt or insolvent or is in failing circumstances, the District Court shall remove him or her, and the other personal representative, if Page 117 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN there is another, shall discharge the trust.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) The District Court shall not accept as surety, in any bond of a personal representative, any master or other commissioner whose duty is to settle the accounts of personal representatives, or any judge or clerk of a District Court or practicing attorney of that court.
(a) [The cabinet shall ]Require all agencies to furnish an estimate of specific needs for supplies, materials, and equipment to be purchased by competitive Page 118 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN bidding for the purpose of permitting scheduling of purchasing in large volume.
(3) The Finance and Administration Cabinet shall purchase or otherwise acquire, or, with the approval of the secretary, may delegate and control the purchase and Page 119 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN acquisition of the combined requirements of all spending agencies of the state, including, but not limited to, interests in real property, contractual services, rentals of all types, supplies, materials, equipment, and services.
(e) Unless the secretary of the Finance and Administration Cabinet deems it in the best interest of the state to proceed otherwise, all interests in real property shall be sold either by invitation of sealed bids or by CHAPTER 134 57 public auction.
The selling price of any interest in real property shall not be less than the appraised value thereof as determined by the cabinet, or the Transportation Cabinet for Page 120 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN the requirements of that cabinet.
and Page 121 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN c.
(d) A citizen, developer, or consultant may notify the chief executive officer of the city, county, urban-countyurban- county government, or consolidated local government where state-owned real property is located if he or she observes that the state-owned real property is abandoned or not substantially utilized for public use.
(6) The Finance and Administration Cabinet shall sell, trade, or otherwise dispose of all personal property of the state that is not needed, or has become unsuitable for public use, or would be more suitable to the public's interest if used in another manner, or, with the approval of the secretary, may delegate the sale, trade, or other Page 122 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN disposal of the personal property.
In the event the authority is not delegated, requests to the Finance and Administration Cabinet to sell, trade, or otherwise dispose of the property shall describe the property and state the reasons why the agency believes the property should be Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY disposed of.
(10)[(9)] Except as provided in KRS Chapters 175, 176, 177, and 180, and subject to Page 123 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN the provisions of this code, the Finance and Administration Cabinet shall purchase or otherwise acquire all real property determined to be needed for state use, upon approval of the secretary of the Finance and Administration Cabinet as to the determination of need and as to the action of purchase or other acquisition.
The report format shall include, but not be limited to, dollar amount, volume, type of Page 124 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN purchase, and vendor.
(13)[(12)] The Finance and Administration Cabinet shall have control and supervision over all purchases of energy-consuming equipment, supplies, and related equipment purchased or acquired by any agency of the state as provided in this code, and shall promulgate administrative regulations to designate the manner in which an energy-energy-consuming consuming item will be purchased so as to promote energy conservation and acquisition of energy efficient products.
The Finance and Administration Cabinet, in consultation with the Cabinet for Economic Development, shall conduct a thorough economic feasibility analysis on any major energy-using component of at least three million (3,000,000) BTU's per hour heat input and shall issue a certificate of economic feasibility prior to the Finance and Administration CHAPTER 134 59 Cabinet's purchasing or retrofitting any such component that utilizes any fuel other than coal.
The economic feasibility analysis shall consist of life-cycle cost comparisons of a component that would utilize coal and one(s) that would utilize any fuel other than Page 125 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN coal.
(4) (a) To control the use of any real property owned or otherwise held by the Commonwealth, or any state agency, and to determine for what periods of time and for what purposes any state agency may use the same, including the Page 126 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN agency for whose use it was initially acquired or improved, and to determine what appropriate uses shall be made of such real property during periods that the cabinet finds the same is not required for the purposes of any particular state agency.
The loading dock in the rear of the annex basement, along with the office space immediately adjacent to the loading dock on the back wall of the annex, provided that the General Assembly and the Legislative Research Commission shall be given access to and use of the loading dock and the receiving areas adjacent to the loading Page 127 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN dock;
(b) All additional space in the New State Capitol Annex, not specifically allocated for use by the General Assembly and the Legislative Research Commission in paragraph (a) of this subsection, shall be Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY allocated for the use of the legislative branch, with occupancy by the legislative branch to be determined by the Legislative Research Commission, upon a vote of a majority of the entire membership of the Legislative Research Commission;
The Legislative Research Commission shall at any time, and upon at least sixty (60) days' notice, be authorized to discontinue the cabinet's provision of janitorial services for the New State Capitol Annex and to enter into a separate contract for the provision of those services, with the applicable rental and utilities rates to be proportionately reduced to reflect that separate contract, provided that the Legislative Research Commission may also at any time, and upon at least Page 128 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN sixty (60) days' notice, elect to have the cabinet continue or reinstate the provision of those janitorial services at the cabinet's expense;
The permanent housing program shall include provisions for housing the General Assembly and its related agencies, including the Legislative Research Commission, and its subcommittees, the executive offices, the Supreme Court Page 129 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN and the clerk of the Supreme Court, the Department of Law and the law library, in the New State Capitol, provided the General Assembly and the Legislative Research Commission shall have complete control and exclusive use of the third and fourth floors of the New State Capitol and shall have exclusive use of the space in the New State Capitol Annex allocated to them under paragraphs (a) and (b) of this subsection.
and (8) To adopt rules and promulgate administrative regulations as may be necessary to govern the acquisition, control, and disposition of the real property to which this Page 130 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN section is applicable.
CHAPTER 134 61 (1) The following books and records shall be maintained by the State Law Library:
(6) The state law librarian may, with the concurrence of the administrative assistant to the Chief Justice responsible for law library operations, sell any surplus books in the State Law Library that have a market value, collect the funds received therefor, Page 131 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN and deposit them in the ["]state law library surplus books fund,["] which is hereby created in the State Treasury.
Page 132 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (2) Unless otherwise ordered by the secretary of the Finance and Administration Cabinet, the acquisition of the following shall not be required through the Finance and Administration Cabinet:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) The Finance and Administration Cabinet shall include in all state agency price contracts for the purchase of materials or supplies a provision that, as approved by the secretary of the Finance and Administration Cabinet, any political subdivision, including cities of all classes, counties, school districts, or special districts, may participate in these contracts to the same extent as the Commonwealth.
(5) The secretary of the Finance and Administration Cabinet shall promulgate administrative regulations necessary for the implementation of this section and necessary to provide that the Commonwealth be reimbursed for any additional Page 133 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN expenses incurred by the Commonwealth in allowing political subdivisions to participate in contracts with vendors.
(4) Any public purchasing unit may enter into an agreement for the joint or common use of warehousing facilities or the lease or common use of capital equipment or facilities with any other public purchasing unit or a foreign purchasing activity Page 134 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN subject to the terms as may be agreed upon between the parties.
Price reductions under this subsection shall not be considered to permanently alter the price of the supplies or equipment under the price agreement with the Commonwealth, except where the price reductions are to be made permanent under the express terms CHAPTER 134 63 of the price agreement and where the purchasing agency which solicited the price agreement determines that the enforcement of those terms serves the best interest of the Commonwealth.
Page 135 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (1) (a) One (1) or more architectural services selection committees and one (1) or more engineering or engineering-related services selection committees shall be created in the Finance and Administration Cabinet.
and (d) An engineering and engineering-related services selection committee created in the Department of Fish and Wildlife Resources shall participate in every instance of that department's procuring of engineering or engineering-related Page 136 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN services.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) An individual.
The Kentucky Society of Architects shall nominate nine (9) individuals, and the Governor shall appoint three (3) of these individuals to Page 137 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN serve in the pool from which the secretary of the Finance and Administration Cabinet, or designee, under the supervision of the Auditor of Public Accounts, or designee, shall randomly select one (1) individual to serve on the committee;
If the first employee selected is a merit employee, the second employee selected Page 138 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN shall be placed on the selection committee.
Advisory members shall serve on a project-by-projectproject- by-project basis and shall have the requisite knowledge, training, or experience pertaining to the professional requirements of the project;
and (f) Upon completion of the selection process set forth in this subsection, the commissioner of the Department of Facilities Management shall submit a Page 139 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN statement to the Auditor of Public Accounts attesting to full compliance with the selection process for each firm appointed to provide engineering or engineering-related services.
If the first employee selected is a nonmerit CHAPTER 134 65 employee, the selection process shall continue until a merit employee is selected.
The Kentucky Society of Professional Engineers and the Kentucky Consulting Engineers Council shall together nominate nine (9) individuals, and the Governor shall appoint three (3) of these individuals to Page 140 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN serve in the pool from which the secretary of the Transportation Cabinet, or designee, under the supervision of the Auditor of Public Accounts, or designee, shall randomly select one (1) individual to serve on the committee;
and (e) Upon completion of the selection process set forth in this subsection, the commissioner of the Department of Highways shall submit a statement to the Auditor of Public Accounts attesting to full compliance with the selection process for each firm appointed to provide engineering or engineering-relatedengineering- related services.
One (1) merit employee of the Department of Fish and Wildlife Page 141 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN Resources designated by the division head for the project or by the commissioner;
(b) The same appointment procedures set out in this section apply to any user agency or user division listed in subsection (3), (4), (5), or (6) of this section Page 142 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN that does not operate under a merit system.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) Any individual appointed to serve in a pool from which selection committee members are drawn shall serve in the pool for an initial one (1) year term and may be reappointed.
(2) Any engineering analysis conducted on a state-owned building shall assess the energy efficiency of the building and make recommendations for improving the Page 143 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN efficient use of energy within the building.
(3) Except as provided in subsection (5) of this section, measures to improve the energy efficiency of a state-ownedstate- owned building, which have an aggregate simple payback period of five (5) years or less, shall be implemented as general fund appropriations become available.
Savings from the implementation of the energy conservation measures under the guaranteed energy savings performance contract shall be used to satisfy the obligations under Page 144 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN the guaranteed energy savings performance contract and to repay the cost of the other means used to finance the energy conservation measures, and may be used to repay expenses incurred by the cabinet to reimburse the cabinet for expenses related to the guaranteed energy savings performance contract, including but not limited to staff time for monitoring, overseeing, and managing the project.
Savings shall be determined by using one (1) of the measurement and verification methodologies listed in the United States Department of Energy's "International Performance Measurement and Verification Protocol." If specific data limitations or documented unique characteristics of the project prevent use of the "International Performance Measurement and Verification CHAPTER 134 67 Protocol," an alternative method that is compatible shall be adopted upon documentation and approval of the secretary of the cabinet.
Page 145 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN (3) Energy consumption and expenditure data for facilities owned or leased by state government and any documented savings made as a result of energy-efficiency measures and improvements;
(4) Status report on the number of buildings newly constructed, renovated, or leased in accordance with the high-performancehigh- performance building standards required under KRS 56.777 and the amount of savings realized based upon a life-cycle cost analysis;
(5) Any efforts made during the reporting period to promote acquisition of energy-energy-efficient efficient products pursuant to KRS 45A.045(13)[(12)] and the amount of savings expected to be realized in the first year of operation from the purchase of ENERGY STAR-qualified products pursuant to KRS 56.775;
Page 146 of 147 SB005020.100 - 141 - XXXX 4/1/2026 9:25 PM Engrossed UNOFFICIAL COPY 26 RS SB 50/EN 395.635 Certification of list of fiduciaries delinquent in accounting -- Notice -- Fees.
PageSigned 147by ofGovernor 147April SB005020.10013, -2026. 141 - XXXX 4/1/2026 9:25 PM Engrossed
Legislative Research Commission PDF Version
Show all 233 changed rows (193 more)
Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.
The bill amends the intestate succession laws in Kentucky, altering the distribution of property to the decedent's kindred and spousal rights.
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KRS 391.010
To his or her husband or wife; if there are none surviving, thenRemoves the rights of the husband or wife to inherit directly before other relatives.
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KRS 391.010
To the kindred of the other. If there is neither paternal nor maternal kindred, the whole shall go to the kindred of the husband or wife, as if he or she had survived the intestate and died entitled to the estate.Eliminates the provision allowing property to go to the kindred of the surviving spouse if there are no other kindred.
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KRS 392.020
an estate in fee of one-half (1/2) of the surplus real estate of which the other spouse or anyone for the use of the other spouse, was seized of an estate in fee simple at the time of death, and shall have an estate→ an estate for his or her life in one-third (1/3) of any real estate of which the other spouse or anyone for the use of the other spouse, was seized of an estate in fee simple during the coverture but not at the time of death, unless the survivor's right to the interest has been barred, forfeited, or relinquished.Changes the surviving spouse's interest in real estate from a fee of half to a life estate of one-third.
Action History
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signed by Governor (Acts Ch. 134)
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delivered to Governor
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enrolled, signed by Speaker of the House
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enrolled, signed by President of the Senate
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passed 36-0
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Senate concurred in Committee Substitute (1) and Floor Amendments (4) and (3)
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posted for passage for concurrence in House Committee Substitute (1) and Floor Amendments (3) and (4)
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taken from Rules
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to Rules (S)
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received in Senate
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3rd reading, passed 78-12 with Committee Substitute (1) and Floor Amendments (4) and (3)
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floor amendment (2) defeated
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Committee Substitute (1) adopted
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posted for passage in the Regular Orders of the Day for Wednesday, April 01 2026
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floor amendment (4) filed to Committee Substitute
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floor amendment (3) filed to Committee Substitute
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floor amendment (2) filed to Committee Substitute
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2nd reading, to Rules
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floor amendment (1) filed to Committee Substitute
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reported favorably, 1st reading, to Calendar with Committee Substitute (1)
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to Judiciary (H)
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to Committee on Committees (H)
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received in House
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passed 36-0 with Floor Amendment (2)
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floor amendment (1) withdrawn
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3rd reading
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posted for passage in the Regular Orders of the Day for Wednesday, March 04 2026
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floor amendment (2) filed
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floor amendment (1) filed
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returned to Rules
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taken from Appropriations & Revenue (S)
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recommitted to Appropriations & Revenue (S)
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar
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to Judiciary (S)
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to Committee on Committees (S)
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introduced in Senate
Sponsors
- Robert Stivers · Primary
- Brandon J. Storm · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 136 not signed on · 12 voted No
Sponsors (2)
- Robert Stivers Republican
- Brandon J. Storm Republican
Co-sponsors (0)
None.
Not signed on (136)
136 members have not signed on to this bill.
Show all 136 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 76 | 0 | 0 | 3 |
| Democrat | 1 | 12 | 0 | 7 |
| Unaffiliated | 1 | 0 | 0 | 1 |
| Total | 78 | 12 | 0 | 11 |
| % of votes cast | 77% | 12% | 0% | 11% |
How each member voted (101)
| Member | Party | Vote |
|---|---|---|
| Lewis C | — | Yea |
| COMMONWEALTH OF KENTUCKY SENATE | — | Not Voting |
| Adam Moore | Democrat | Not Voting |
| Adrielle Camuel | Democrat | Nay |
| Al Gentry | Democrat | Not Voting |
| Anne Gay Donworth | Democrat | Not Voting |
| Ashley Tackett Laferty | Democrat | Not Voting |
| Beverly Chester-Burton | Democrat | Not Voting |
| Chad Aull | Democrat | Not Voting |
| Daniel Grossberg | Democrat | Nay |
| Erika Hancock | Democrat | Nay |
| George Brown Jr. | Democrat | Nay |
| Joshua Watkins | Democrat | Nay |
| Lindsey Burke | Democrat | Nay |
| Lisa Willner | Democrat | Nay |
| Mary Lou Marzian | Democrat | Nay |
| Matthew Lehman | Democrat | Not Voting |
| Nima Kulkarni | Democrat | Yea |
| Pamela Stevenson | Democrat | Nay |
| Rachel Roarx | Democrat | Nay |
| Sarah Stalker | Democrat | Nay |
| Tina Bojanowski | Democrat | Nay |
| Aaron Thompson | Republican | Yea |
| Adam Bowling | Republican | Yea |
| Amy Neighbors | Republican | Yea |
| Bill Wesley | Republican | Yea |
| Bobby McCool | Republican | Yea |
| Candy Massaroni | Republican | Yea |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Yea |
| DJ Johnson | Republican | Yea |
| Daniel Elliott | Republican | Not Voting |
| Daniel Fister | Republican | Yea |
| David Hale | Republican | Yea |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Deanna Gordon | Republican | Yea |
| Derek Lewis | Republican | Yea |
| Emily Callaway | Republican | Yea |
| Felicia Rabourn | Republican | Yea |
| J.T. Payne | Republican | Yea |
| James Tipton | Republican | Yea |
| Jared Bauman | Republican | Yea |
| Jason Nemes | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jennifer Decker | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Yea |
| John Hodgson | Republican | Yea |
| Josh Branscum | Republican | Yea |
| Josh Bray | Republican | Yea |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kevin Jackson | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim Holloway | Republican | Yea |
| Kim King | Republican | Yea |
| Kimberly Poore Moser | Republican | Yea |
| Marianne Proctor | Republican | Yea |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Michael Meredith | Republican | Yea |
| Michael Sarge Pollock | Republican | Yea |
| Mike Clines | Republican | Yea |
| Mitch Whitaker | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Not Voting |
| Nick Wilson | Republican | Yea |
| Patrick Flannery | Republican | Yea |
| Peyton Griffee | Republican | Yea |
| Randy Bridges | Republican | Yea |
| Rebecca Raymer | Republican | Yea |
| Richard White | Republican | Yea |
| Robert Duvall | Republican | Yea |
| Ryan Bivens | Republican | Yea |
| Ryan Dotson | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Yea |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Yea |
| Shawn McPherson | Republican | Yea |
| Stephanie Dietz | Republican | Yea |
| Steve Bratcher | Republican | Yea |
| Steve Riley | Republican | Yea |
| Steven Doan | Republican | Yea |
| Steven Rudy | Republican | Yea |
| Susan Witten | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Yea |
| Thomas Huff | Republican | Yea |
| Timmy Truett | Republican | Yea |
| Tom Smith | Republican | Yea |
| Tony Hampton | Republican | Yea |
| Vanessa Grossl | Republican | Yea |
| Wade Williams | Republican | Yea |
| Walker Thomas | Republican | Yea |
| William Lawrence | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 32 | 0 | 0 | 1 |
| Democrat | 4 | 0 | 0 | 1 |
| Total | 36 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Cassie Chambers Armstrong | Democrat | Yea |
| Gary Clemons | Democrat | Yea |
| Gerald A. Neal | Democrat | Yea |
| Karen Berg | Democrat | Not Voting |
| Keturah J. Herron | Democrat | Yea |
| Aaron Reed | Republican | Yea |
| Amanda Mays Bledsoe | Republican | Yea |
| Brandon J. Storm | Republican | Yea |
| Christian McDaniel | Republican | Yea |
| Craig Richardson | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Donald Douglas | Republican | Not Voting |
| Gary Boswell | Republican | Yea |
| Greg Elkins | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jason Nemes | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Lindsey Tichenor | Republican | Yea |
| Matt Nunn | Republican | Yea |
| Matthew Deneen | Republican | Yea |
| Max Wise | Republican | Yea |
| Michael Meredith | Republican | Yea |
| Nick Wilson | Republican | Yea |
| Phillip Wheeler | Republican | Yea |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Yea |
| Scott Madon | Republican | Yea |
| Shelley Funke Frommeyer | Republican | Yea |
| Stephen West | Republican | Yea |
| Steve Rawlings | Republican | Yea |
| Tom Smith | Republican | Yea |
| Wade Williams | Republican | Yea |
| Walker Thomas | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 31 | 0 | 0 | 2 |
| Total | 36 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Cassie Chambers Armstrong | Democrat | Yea |
| Gary Clemons | Democrat | Yea |
| Gerald A. Neal | Democrat | Yea |
| Karen Berg | Democrat | Yea |
| Keturah J. Herron | Democrat | Yea |
| Aaron Reed | Republican | Yea |
| Amanda Mays Bledsoe | Republican | Yea |
| Brandon J. Storm | Republican | Yea |
| Christian McDaniel | Republican | Yea |
| Craig Richardson | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Donald Douglas | Republican | Yea |
| Gary Boswell | Republican | Yea |
| Greg Elkins | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jason Nemes | Republican | Yea |
| Jimmy Higdon | Republican | Not Voting |
| Julie Raque Adams | Republican | Yea |
| Lindsey Tichenor | Republican | Yea |
| Matt Nunn | Republican | Yea |
| Matthew Deneen | Republican | Yea |
| Max Wise | Republican | Yea |
| Michael Meredith | Republican | Yea |
| Nick Wilson | Republican | Yea |
| Phillip Wheeler | Republican | Yea |
| Rick Girdler | Republican | Not Voting |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Yea |
| Scott Madon | Republican | Yea |
| Shelley Funke Frommeyer | Republican | Yea |
| Stephen West | Republican | Yea |
| Steve Rawlings | Republican | Yea |
| Tom Smith | Republican | Yea |
| Wade Williams | Republican | Yea |
| Walker Thomas | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 50 do?
- Amend KRS 391.010 to specify the share of the surviving spouse in real property in an intestate estate; amend KRS 392.020 to identify surplus personalty and surplus real estate and the share of the surviving spouse to surplus personalty and surplus real estate in an intestate estate; amend KRS 394.300 to set the period of time a county clerk is required to hold a recorded will and to whom the will shall be returned upon expiration of the time period; amend various sections of KRS Chapter 395 to establish requirements for appointment as a fiduciary, confidentiality protections of assets of an estate, and when a hearing for appointment may be waived; amend various sections of KRS Chapter 395 to establish a written declaration under penalty of perjury in lieu of a sworn oath when accepted by the court; amend KRS 395.130 to establish that no bond shall be required of a personal representative unless a surety bond is ordered by the court or required by statute; amend various sections of KRS Chapter 395 to set the requirements for filing an inventory, including penalties for failure to timely comply with the statutory requirements; amend KRS 395.255 to require the clerk of the court to report to the judge on a monthly basis all filings that are not timely filed; amend KRS 395.380, 395.390, and 395.400 to change requirements for the appointment of a public administrator or guardian; remove the sheriff as a public administrator; amend various sections of KRS Chapter 395 to establish procedures to dispense with administration of testate and intestate estates; amend various sections of KRS Chapter 395 to establish procedures for the filing of periodic and final settlements; amend KRS 395.990 to increase the penalty from $10 to $100 for a fiduciary failing to file an inventory or account; amend KRS 199.520 to deem a child of adoption to be a child of the petitioners for purposes of inheritance and succession if the child was adopted and resided with the petitioners prior to the age of 18; amend KRS 140.070 and 140.080 to identify Class A and Class B beneficiaries for purposes of inheritance tax and provide exemptions; amend KRS 64.012 to establish a flat fee of $33 for the recording of a will or other probate document or a court-ordered name change with the county clerk; amend KRS 142.010 to establish a tax of $4 for each recorded will to be collected by the clerk of the court and paid to the county clerk; amend KRS 401.040 to authorize the clerk of the court to collect the fee on behalf of the county clerk for filing a name change order; create a new section of KRS Chapter 186A to set a procedure for the transfer of a motor vehicle upon death; amend KRS 138.470 to include the transfer on death of a motor vehicle as an exemption from the tax imposed by KRS 138.460; create new sections of KRS Chapter 394 to enact the Uniform Electronic Wills Act; define terms; establish the applicability of electronic wills; address the effect of a will electronically executed in another jurisdiction; establish requirements for executing and revoking an electronic will; address records that are not executed in compliance with the requirements for an electronic will; provide requirements for an electronic will to be self-proving; allow for certified paper copies of an electronic will; create new sections of KRS Chapter 394 to enact the Uniform Electronic Estate Planning Documents Act; define terms; establish that a nontestamentary estate planning document or a signature on a nontestamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form; provide that an electronic record of a document satisfies a requirement for a nontestamentary estate planning document to be in writing; establish notarization, acknowledgment, and verification requirements; create new sections of KRS Chapter 386 to enact the Kentucky Qualified Dispositions in Trust Act; define terms; establish requirements for qualified affidavit; prohibit claims by creditors against property subject to a qualified disposition to a qualified trust except under limited circumstances; provide that limitations on actions by creditors do not apply to past due child support, past due maintenance to a spouse or former spouse, or a written agreement, judgment, or order of a court for division of marital property of a spouse or former spouse; limit powers and rights of transferor to those conferred by the qualified trust; establish rules for avoiding a qualified disposition to a qualified trust; address rights of trustee and beneficiary when a qualified disposition has been avoided; provide that a spendthrift provision acts as a restriction on the transferor's beneficial interest in the trust under law other than bankruptcy law; enumerate persons who may not act as a qualified trustee; allow a transferor to appoint trust advisors; provide for the appointment of a successor trustee in certain circumstances; provide that the inclusion of certain provisions in the qualified trust instrument does not deem the trust to be revocable; specify application to trusts and dispositions of property on or after effective date of Act; establish a new subchapter of KRS Chapter 386B and create new sections to enact the Uniform Directed Trust Act; define terms; establish that the Act does not apply to powers of appointment; subject trust directors to same rules, liabilities, and fiduciary duties as trustees; enumerate powers of trust director and responsibilities of trustee in a trust under direction; provide for liability of trust director for breach of trust; time limitation for breach of trust action; require communication of information between trustees and trust directors; establish a new subchapter of KRS Chapter 386B and create new sections to enact the Uniform Trust Decanting Act; define terms; applicability of provisions; require fiduciaries to act in accordance with fiduciary duties in exercising trust decanting power; specify notice requirements prior to exercise of the decanting power; address authority to represent and bind or another person under a first-trust instrument; allow court intervention in disputes regarding the exercise of the decanting power; require an exercise of the decanting power to be made in a record signed by an authorized fiduciary; allow an authorized fiduciary with expanded distributive discretion over the principal of a first trust to exercise decanting power over the principal of the first trust; specify trust provisions and actions permissible when property is decanted to a second trust by such a fiduciary; allow an authorized fiduciary with limited distributive discretion over the principal of a first trust to exercising decanting power over the principal of the first trust; specify trust provisions and actions permissible when property is decanted to a second trust by such a fiduciary; establish rules for decanting to a special needs trust; establish rules to protect charitable trust interests; provide for limitations on decanting power through restrictions in a first-trust instrument; prohibit decanting to a second trust to increase fiduciary compensation unless beneficiaries of the second trust agree to the increase or it is approved by a court; address fiduciary compensation and liability in a second-trust instrument; provide for limitations on authority of authorized fiduciary to exercise decanting power to modify provisions relating to removal or replacement of the fiduciary; set limitations for exercise of the decanting power with respect to transfers of property affecting tax liability; specify requirements for duration of a second trust; allow authorized fiduciary to exercise decanting power regardless of whether the fiduciary could have made or would have been compelled to make a discretionary distribution under discretionary distribution standard of the first trust; provide for circumstances where decanting power is effective even if second trust does not comply in part with the provisions of the Act; provide for decanting powers to an animal trust; establish rules for disposition of later-discovered property; provide that obligations enforceable against first trust are enforceable to same extent against second trust; require provisions to be applied and construed so as to promote uniformity among states; conform to federal requirements related to electronic signatures and records; amend various sections of the Kentucky Revised Statutes to conform; repeal KRS 395.635, relating to certification of list of delinquent fiduciaries; repeal KRS 386B.8-080, relating to a settlor's power to direct a trust; repeal KRS 386.175, relating to second trusts; establish short titles.
- Who sponsors SB 50?
- SB 50 is sponsored by Robert Stivers (Republican) and Brandon J. Storm (Republican).
- What is the current status of SB 50?
- This bill has been enacted into law. Introduced February 17, 2026. Enacted.
- Where can I track SB 50?
- Track SB 50 free on One Click Politics — get push/email alerts when it moves.
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