AN ACT relating to the transfer of property upon death.
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SB 34 — AN ACT relating to the transfer of property upon death.
Last action — to Local Government (H)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill has passed the Senate. Introduced January 06, 2026. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the House.
Prognosis
Where this bill stands today.
Odds of enactment
ModerateHow often bills like it became law.
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Passed Senate
Current position in the legislative process.
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5 sponsors
5 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (4 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 1 recorded vote so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Create new sections of KRS Chapter 391 to establish the Kentucky Uniform Real Property Transfer on Death Act to codify provisions for the creation, administration, modification, termination, and validity of transfer on death deeds; define terms; specify that a transfer on death deed is not an inter vivos transfer and that the transfer occurs at the time of the transferor's death; specify that the transferor retains the power to revoke a transfer on death deed; establish that a transfer on death deed is nontestamentary; establish requirements for a transfer on death deed and specify the process of recording a transfer on death deed; specify that a transfer on death deed is effective without acceptance by the beneficiary during the transferor's lifetime; establish provisions for the revocation of a transfer on death deed by instrument or act; establish the effect of a transfer on death deed during the transferor's life; allow a beneficiary to disclaim the property interest in the deed; establish a form for creating at transfer on death deed; establish a form for revocation of a transfer on death deed; require the Department of Revenue to provide the established forms; specify the applicability of KRS Chapter 391; conform to federal requirements related to electronic signatures and records; amend KRS 64.012 to provide the recording fee for a transfer on death deed or revocation; require the Department of Medicaid Services to prescribe and provide a form requiring information related to any Medicaid lien; provide that Sections 1 to 14 of this Act may be cited as the Uniform Real Property Transfer on Death Act; Amend KRS 381.280, 382.110, 382.135, 391.360, 392.020, 392.070, and 403.190 to conform; create a new section of KRS Chapter 186A to define terms; establish requirements for a transfer of a vehicle's title to a named beneficiary upon the death of the owner; direct the Transportation Cabinet to develop a form for transfer; amend KRS 395.455 to dispense with administration of an estate and transfer property under certain circumstances relating to minors and payment of preferred claims.
Bill Text
What changed in the latest version
1009 added · 1031 removedPlain-language change summary
The amendment to Bill SB 34 clarified the requirements for a transfer on death deed. Notably, it requires that the deed explicitly identify designated beneficiaries by name rather than allowing a general class designation, and it also mandates that both the spouse of the transferor and the designated beneficiaries must be notified about the deed. These changes aim to prevent confusion and potential disputes over property inheritance and ensure that both spouses are aware of and agree to the terms of the property transfer upon death.
UNOFFICIAL COPY 26 RS BRSB 2434/GA AN ACT relating to the transfer of property upon death.
(1) An individual may transfer his or her titled ownership interest in property to one Page 1 of 3736 BR002400.100SB003410.100 - 24 - XXXX 3/12/2026 2:263:21 PM JacketedGA UNOFFICIAL COPY 26 RS BRSB 2434/GA (1) or more beneficiaries effective at the transferor's death by a transfer on death deed.
(6) AnyA proceedingtransfer to:on death deed shall:
(a) Contest the capacity of the transferor;
or (b) Determine whether a transfer on death deed or an instrument revoking a transfer on death deed is void because it was obtained by fraud, duress, or undue influence;
shall be commenced within two (2) years of the date of death of the transferor or the date of the filing of an action under KRS 394.240 relating to the estate of the transferor, whichever is later.
(7) A transfer on death deed shall:
(c) If the transferor is married, contain a sworn statement by the transferor's spouse that the spouse's dower or curtesy rights are subordinate to the Page 2 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 vesting of title to the real property or interest in the real property to the designated beneficiary at the time of transfer;
and (f) Shall be recorded in the record of deeds, and indexed in the general index Page 2 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA of deeds before the transferor's death in the name of the transferor as grantor and in the name of each of the designated beneficiaries as grantees in the office of the county clerk in the county where the property to be transferred is located.
(8) A transfer on death deed shallthat beis effectivenot without:recorded before the transferor's death is void.
(7) A transfer on death deed shall be effective without:
or Page 3 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 (d) AAny deed that transfers an interest in property that is the subject of a transfer on death deed;
(a) Revocation by one (1) transferor shall not affect the deed as to the interest Page 3 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA of another transferor;
(3) After a transfer on death deed is recorded, it shall not be revoked by a will or codicil,codicil. or by a revocatory act on the deed.
(4) IfThe asignature, powerconsent, ofagreement attorneyof, under KRS Chapter 457 or thenotice transfer on death deed expressly grants a designated agent of the transferor the power to revoke a transfer on death deed, the power of attorney or designated agentbeneficiary mayof revokeany therevocatory transferact onshall deathnot deedbe asrequired. provided in this section.
Any revocation made under a power shall comply with the requirements of KRS 382.370.
(5) The signature, consent, agreement of, or notice to the designated beneficiary of any revocatory act shall not be required.
(3) Affect an interest or right of a secured or unsecured creditor or future creditor of Page 4 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 the transferor, even if the creditor has actual or constructive notice of the deed;
Page 4 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (a) The interest in the property is transferred to the designated beneficiary in accordance with the deed;
(d) If the transferor has identified two (2) or more designated beneficiaries to receive concurrent interests in the property and the transferor has not named an alternate designated beneficiary under paragraph (e) of this subsection for the share of a designated beneficiary that lapses or fails for any reason, the lapsing or failing share shall be transferred to the other remaining designated beneficiaries in proportion to the interest of each Page 5 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 remaining beneficiary in the remaining part of the property held concurrently;
Page 5 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (a) Survived by one (1) or more other joint owners, the property that is the subject of a transfer on death deed shall belong to the surviving joint owner or owners with right of survivorship;
(5) A beneficiary ofmay adisclaim transferall onor deathpart deed shall provide proof of death of the transferorbeneficiary's tointerest theas countyprovided clerkunder ofKRS the394.035. county in which the property is located.
(6) A beneficiary may disclaim all or part of the beneficiary's interest as provided under KRS 394.035.
(1) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate, the costs of administration of the estate, or a statutory allowance to a surviving spouse or child, the estate may enforce the liability Page 6 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 against property transferred at the transferor's death by a transfer on death deed.
(2) IfA moreproceeding thanto oneenforce (1) property is transferred by one (1) or more transfer on death deeds, the liability under subsection (1) of this section shall be apportionedcommenced amongnot thelater propertiesthan inthe proportiontime toestablished theirunder netKRS values396.011. at the transferor's death.
(3) A proceeding to enforce the liability under this section shall be commenced not later than the time established under KRS 396.011.
Each county clerk shall provide a link on its website to the form on the website of the Department of Revenue,Revenue and shall make available the following form to the public to effect a transfer on death deed.
Page 6 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (2) Sections 1 to 14 of this Act shall govern the effect of this or any other instrument used to create a transfer on death deed:
Page 7 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 _________________________________________________________ Printed name Mailing address _________________________________________________________ Printed name Mailing address _________________________________________________________ Legal description, including parcel number, and source of title of the property, and any additional requirements of KRS 382.335:
____________________________________________________________ ____________________________________________________________ Printed name Mailing address, if available ____________________________________________________________ ____________________________________________________________ Page 7 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA ALTERNATE BENEFICIARY – Optional If my primary beneficiary does not survive me, I designate the following alternate beneficiary or beneficiaries if that beneficiary survives me:
Page 8 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED ______________________________________________________ Signature Date ______________________________________________________ Signature Date____ ACKNOWLEDGMENT State of:_____________________ County of:___________________ The foregoing Transfer of Death Deed was acknowledged before me this ____ day of ____________, 20__, by ____________________________________.
What does the Transfer on Death (TOD) deed do? When you die, this deed Page 8 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA transfers the described property, subject to any liens or mortgages or other encumbrances on the property at your death.
Is the "legal description" and "source of title" of the property necessary? Page 9 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 Yes.
No one, including the beneficiaries, can prevent you from revoking the Page 9 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA deed.
(3) Transfer the property to someone else during your lifetime by a recorded deed that expressly revokes the TOD deed.
You may not revoke the TOD deed by will,will codicil, or oncodicil. the deed itself.
What should I do? Do not Page 10 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 complete this form under pressure.
Each county clerk shall provide a link on its website to the form on the website of the Department of Revenue,Revenue and shall make available the following form to the public, to revoke a transfer on death deed.
Page 10 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (front of form) REVOCATION OF TRANSFER ON DEATH DEED NOTICE TO OWNER This revocation must be recorded before you die or it will not be effective.
Page 11 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 _________________________________________________________ Printed name Mailing address ________________________________________________________ Printed name Mailing address Source of title of the property:
Show all 98 changed lines (58 more)
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION _______________________________________________________ Signature Date _______________________________________________________ Signature Date ACKNOWLEDGMENT State of:_____________________ County of:___________________ The foregoing revocation of a transfer on death deed was acknowledged before this Page 11 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA ____ day of ____________, 20__, by ____________________________________.
Have it acknowledged before a notary public or other individual Page 12 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 authorized to take acknowledgments.
Page 12 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Page 13 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C.
Other real and personal property or other assets in which the transferor of the transfer on death deed had legal title or interest at the time of death, to the extent of the recipient's interest, including assets conveyed to a survivor, heir, or assign of the deceased recipient through joint tenancy, tenancy in common, survivorship, life estate, Page 13 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA living trust, or other arrangement;
Page 14 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 (a) Which of the following applies to the deceased transferor:
The deceased transferor had been a Medicaid recipient.recipient;
The deceased transferor had not been a Medicaid recipient.recipient;
or 3.
The predeceased spouse had been a Medicaid recipient.recipient;
The predeceased spouse had never been a Medicaid recipient.recipient;
or 3.
Page 14 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (a) That the deceased transferor had been a Medicaid recipient or that the beneficiary or representative does not know whether the deceased transferor had ever been a Medicaid recipient;
Page 15 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 Sections 1 to 14 of this Act shall apply to a transfer on death deed made before, on, or after the effective date of this Act by a transferor dying on or after the effective date of this Act.
(a) "Deed" means any document, instrument, or writing other than a will,[ and other than a] lease, or easement, regardless of where made, executed, or delivered, by which any real property in Kentucky, or any interest in the property[therein], is conveyed, vested, granted, bargained, sold, transferred, or assigned.assigned;
and[.] (b) "Value" means:
In the case of a gift, or any deed with nominal consideration or without Page 15 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA stated consideration, the estimated price the property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.
Page 16 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 (3) (a) If any deed evidencing a transfer of title subject to the tax[ herein] imposed in subsection (2) of this section is offered for recordation, the county clerk shall ascertain and compute the amount of the tax due thereon and shall collect the amount as prerequisite to acceptance of the deed for recordation.
(6) Any county clerk who willfully records[shall record] any deed upon which a tax is imposed by this section without collecting the proper amount of tax and certifying the date and amount of collection on the deed as required by this section based on the declared value indicated in the affidavit appended to the deed shall, upon Page 16 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA conviction, be fined fifty dollars ($50)[$50] for each offense.
Page 17 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 (d) Which confirms or corrects a deed previously recorded;
(k) Between a person and a corporation, partnership, limited partnership or limited liability company in an amount equal to the portion of the value of the Page 17 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA real property transferred that represents the proportionate interest of the transferor of the property in the entity to which the property was transferred, if the transfer was for nominal consideration;
(m) By a corporation, partnership, limited partnership, or limited liability company to a person as owner or shareholder of the entity, upon dissolution of the entity, in an amount equal to the portion of the value of the real property Page 18 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 transferred that represents the proportionate interest of the person to whom the property was transferred, if the transfer was for nominal consideration;
Page 18 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (a) 1.
Page 19 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 g.
Recording with statutory authority for which no specific fee is set, Page 19 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA except a military discharge;
Filing with statutory authority for which no specific fee is set;[.] Page 20 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 For all items in this paragraph[subsection] if the entire thereof does not exceed five (5) pages .........................................................................$33.00 And, for all items in this paragraph[subsection] exceeding five (5) pages, for each additional page ..........................................................$3.00 And, for all items in this paragraph[subsection] for each additional reference relating to same instrument .....................................................$4.00 2.
Page 20 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (b) For noting a security interest on a certificate of title pursuant to KRS Chapter 186A ..................................................................................$12.00 (c) For filing the release of collateral under a financing statement and noting same upon the face of the title pursuant to KRS Chapter 186 or 186A ...............................................................................................$5.00 (d) Filing or recording state tax or other state liens ........................................$5.00 (e) Filing release of a state tax or other state lien ...........................................$5.00 (f) Acknowledging or notarizing any deed, mortgage, power of attorney, Page 21 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 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 (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 Page 21 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (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 Page 22 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 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 (ad) Filing and processing a transient merchant permit under KRS 365.680 .$25.00 (ae) Recording and indexing a real estate mortgage:
Page 22 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (a) Fifty-seven dollars ($57) shall be retained by the county clerk;
(3) (a) For services related to the permanent storage of records listed in paragraphs (a), (g), (n), and (ae) of subsection (1) of this section, the clerk shall be Page 23 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 entitled to receive a reimbursement of ten dollars ($10).
Equipment related to the permanent storage of and access to Page 23 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA records, including deed books, binders, shelves, microfilm equipment, and fireproof equipment;
Personnel costs for the permanent storage of and access to records, including overtime costs for personnel involved in the digitization Page 24 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 of records;
Page 24 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA a.
Personnel costs for the permanent storage of and access to records, Page 25 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 including overtime costs for personnel involved in the digitization of records;
A judge sentencing a person for an[a] offense that triggers a forfeiture under this section shall inform the Page 25 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA defendant of the provisions of this section at sentencing.
(b) Shall not apply in cases where the decedent, with knowledge of the person's disqualification, reaffirmed the right of the husband, wife, heir-at-law, beneficiary under a will, joint tenant with the right of survivorship, transfer Page 26 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 on death deed beneficiary, or insurance policy beneficiary to receive the property by executing a new or modified will or codicil, insurance policy or policy modification, transfer on death deed, or deed;
and Page 26 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (e) 1.
In the case of a transfer either by gift or with nominal or no consideration, a sworn, notarized certificate signed by the grantor or his or her agent and the grantee or his or her agent, or the parent or guardian Page 27 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 of a person under eighteen (18) years old, stating that the transfer is by gift and setting forth the estimated fair cash value of the property.
Page 27 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (a) The names and addresses of the persons receiving each property passing by will or intestate succession;
Page 28 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 (6) For purposes of subsection (1)(a) of this section, the full name of the grantor and grantee shall be determined as follows:
These written Page 28 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA provisions shall include[,] but not be limited to[,] written provisions which provide that:
(b) Money due or to become due under the instrument shall cease to be payable in the event of the death of the promisee or the promissor before payment or Page 29 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 demand;
Page 29 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA When a surviving spouse recovers dower or curtesy against the heir or devisee or purchaser from the decedent, or from a beneficiary under Sections 1 to 14 of this Act, the dower or curtesy shall be according to the value of the estate when received by the heir, devisee, beneficiary, or purchaser, and shall not include, in the estimated value, any permanent improvements which the heir, devisee, beneficiary, or purchaser has made on the land.
Against the heir,[ or] devisee, beneficiary, or his or her alienee the surviving spouse's claim for rent shall not exceed rent for five (5) years before the action, and against a purchaser from the decedent the surviving spouse's claim shall be only from the Page 30 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 commencement of the action.
Page 30 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA (2) For the purpose of this chapter, "marital property" means all property acquired by either spouse subsequent to the marriage except:
Page 31 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 (c) Property acquired by a spouse after a decree of legal separation;
Retirement benefits, for the purposes of this subsection shall include retirement or disability allowances, accumulated contributions, or any other benefit of a retirement system or plan regulated by the Page 31 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA Employees Retirement Income Security Act of 1974, or of a public retirement system administered by an agency of a state or local government, including deferred compensation plans created pursuant to KRS 18A.230 to 18A.275 or defined contribution or money purchase plans qualified under Section 401(a) of the Internal Revenue Code of 1954, as amended.
Page 32 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 SECTION 23.
(b) "Beneficiary designation form" means a form that contains the intention of a present owner or joint owners of a vehicle to transfer ownership of the vehicle to aone (1) named beneficiary upon the death of the owner or last surviving joint owner of the vehicle;
(2) The cabinet shall provide a beneficiary designation form that allows the owner or joint owners of a vehicle to provide for the transfer of the vehicle's title to aone (1) named beneficiary upon the death of the owner or upon the death of all joint Page 32 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA owners of the vehicle.
and (d) The signature of the owner of the vehicle or of each joint owner of the Page 33 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 vehicle.
(a) ProofA of the death certificate of the vehicle's owner or proof of death of the last surviving joint owner of the vehiclevehicle; including but not limited to a death certificate, record, or report that constitutes prima facie evidence of death;
(6) During the lifetime of the owner of the vehicle for which a beneficiary Page 33 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA designation form has been properly executed or before the death of the last surviving joint owner of the vehicle:
and (b) The owner or surviving joint owners of the vehicle may revoke the beneficiary designation form or change the beneficiary on the beneficiary Page 34 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 designation form at any time by:
(1) Where the exemption of the surviving spouse alone, or together with preferred claims paid by a widow or by the widower where the wife's estate is legally liable for payment, equals or exceeds the amount of probatable assets, the court may order that administration of the estate be dispensed with and the[such] assets [be ]transferred to the surviving spouse or to a person designated by the[such] surviving Page 34 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA spouse to receive all or part of the[such] assets.
(2) The court may order that the administration of the estate be dispensed with and the assets transferred to the surviving parents of a minor, in equal shares if both parents survive, or to a person designated by the surviving parents to receive all Page 35 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 or part of the assets if the:
There is no surviving spouse[Where a surviving spouse has waived his or her right to the exemption accorded by law in favor of a person who Page 35 of 36 SB003410.100 - 24 - XXXX 3/12/2026 3:21 PM GA UNOFFICIAL COPY 26 RS SB 34/GA has paid preferred claims in an amount equalling or exceeding the amount of probatable assets or who is legally entitled to such payment, or where there is no surviving spouse and such person has made such payment or is legally entitled thereto, the court may order that the administration of the estate be dispensed with and such assets transferred to such person].
Page 36 of 37 BR002400.100 - 24 - XXXX 3/12/2026 2:26 PM Jacketed UNOFFICIAL COPY 26 RS BR 24 (b) The court may [so ]order the transfer without requiring the giving of bond.
Page 3736 of 3736 BR002400.100SB003410.100 - 24 - XXXX 3/12/2026 2:263:21 PM JacketedGA
Show all 98 changed rows (58 more)
Action History
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to Local Government (H)
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to Committee on Committees (H)
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received in House
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passed 36-2 with Floor Amendment (2)
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floor amendment (1) withdrawn
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3rd reading
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passed over and retained in the Orders of the Day
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floor amendment (2) filed
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posted for passage in the Regular Orders of the Day for Wednesday, March 11 2026
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returned to Rules
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taken from the Orders of the Day
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passed over and retained in the Orders of the Day
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passed over and retained in the Orders of the Day
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passed over and retained in the Orders of the Day
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passed over and retained in the Orders of the Day
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passed over and retained in the Orders of the Day
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floor amendment (1) filed
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posted for passage in the Regular Orders of the Day for Friday, January 30 2026
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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
- Lindsey Tichenor · Primary
- Aaron Reed · Primary
- Gerald A. Neal · Primary
- Shelley Funke Frommeyer · Primary
- Steve Rawlings · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 0 co-sponsors · 133 not signed on · 2 voted No
Sponsors (5)
- Lindsey Tichenor Republican
- Aaron Reed Republican
- Gerald A. Neal Democrat
- Shelley Funke Frommeyer Republican
- Steve Rawlings Republican
Co-sponsors (0)
None.
Not signed on (133)
133 members have not signed on to this bill.
Show all 133 →"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 |
|---|---|---|---|---|
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 31 | 2 | 0 | 0 |
| Total | 36 | 2 | 0 | 0 |
| % of votes cast | 95% | 5% | 0% | 0% |
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 | Yea |
| Julie Raque Adams | Republican | Yea |
| Lindsey Tichenor | Republican | Yea |
| Matt Nunn | Republican | Yea |
| Matthew Deneen | Republican | Nay |
| 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 | Nay |
| Steve Rawlings | Republican | Yea |
| Tom Smith | Republican | Yea |
| Wade Williams | Republican | Yea |
| Walker Thomas | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 34 do?
- Create new sections of KRS Chapter 391 to establish the Kentucky Uniform Real Property Transfer on Death Act to codify provisions for the creation, administration, modification, termination, and validity of transfer on death deeds; define terms; specify that a transfer on death deed is not an inter vivos transfer and that the transfer occurs at the time of the transferor's death; specify that the transferor retains the power to revoke a transfer on death deed; establish that a transfer on death deed is nontestamentary; establish requirements for a transfer on death deed and specify the process of recording a transfer on death deed; specify that a transfer on death deed is effective without acceptance by the beneficiary during the transferor's lifetime; establish provisions for the revocation of a transfer on death deed by instrument or act; establish the effect of a transfer on death deed during the transferor's life; allow a beneficiary to disclaim the property interest in the deed; establish a form for creating at transfer on death deed; establish a form for revocation of a transfer on death deed; require the Department of Revenue to provide the established forms; specify the applicability of KRS Chapter 391; conform to federal requirements related to electronic signatures and records; amend KRS 64.012 to provide the recording fee for a transfer on death deed or revocation; require the Department of Medicaid Services to prescribe and provide a form requiring information related to any Medicaid lien; provide that Sections 1 to 14 of this Act may be cited as the Uniform Real Property Transfer on Death Act; Amend KRS 381.280, 382.110, 382.135, 391.360, 392.020, 392.070, and 403.190 to conform; create a new section of KRS Chapter 186A to define terms; establish requirements for a transfer of a vehicle's title to a named beneficiary upon the death of the owner; direct the Transportation Cabinet to develop a form for transfer; amend KRS 395.455 to dispense with administration of an estate and transfer property under certain circumstances relating to minors and payment of preferred claims.
- Who sponsors SB 34?
- SB 34 is sponsored by Lindsey Tichenor (Republican), Aaron Reed (Republican), Gerald A. Neal (Democrat), Shelley Funke Frommeyer (Republican), and Steve Rawlings (Republican).
- What is the current status of SB 34?
- This bill has passed the Senate. Introduced January 06, 2026. It now moves to the second chamber.
- Where can I track SB 34?
- Track SB 34 free on One Click Politics — get push/email alerts when it moves.
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