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AN ACT relating to the administration of estates and creating an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 13 of this Act, unless the context otherwise requires: 5
(1) "Beneficiary" means a person who receives property in a transfer on death deed; 6
(2) "Designated beneficiary" means a person designated to receive property in a 7
transfer on death deed; 8
(3) "Joint owner" means an individual who owns property concurrently with one (1) 9
or more other individuals with a right of survivorship and includes joint tenants 10
and tenants by the entirety. "Joint owner" does not include a tenant in common 11
or owner of community property without a right of survivorship; 12
(4) "Person" means an individual, corporation, business trust, estate, trust, 13
partnership, limited liability company, association, joint venture, public 14
corporation, government or governmental subdivision, agency, or 15
instrumentality, or any other legal or commercial entity; 16
(5) "Property" means an interest in real property located in this state that is 17
transferable on the death of the owner; 18
(6) "Proof of death" means a death certificate or a record or report that is prima 19
facie proof or evidence of an individual's death; 20
(7) "Transfer on death deed" means a deed authorized under Sections 1 to 13 of this 21
Act; and 22
(8) "Transferor" means an individual who makes a transfer on death deed. 23
SECTION 2. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 24
READ AS FOLLOWS: 25
(1) An individual may transfer property to one (1) or more beneficiaries effective at 26
the transferor's death by a transfer on death deed. 27 UNOFFICIAL COPY 24 RS BR 228
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(2) A transfer on death deed shall be revocable as provided under Section 3 of this 1
Act even if the deed or another instrument contains a contrary provision. 2
(3) A transfer on death deed shall be nontestamentary. 3
(4) The capacity to make or revoke a transfer on death deed shall be the same as the 4
capacity required to make a will. 5
(5) A transfer on death deed or an instrument revoking a transfer on death deed 6
shall be void if it is obtained by fraud, duress, or undue influence. 7
(6) A proceeding shall be commenced within twelve (12) months after the 8
transferor's death to: 9
(a) Contest the capacity of the transferor; or 10
(b) Determine whether a transfer on death deed or an instrument revoking a 11
transfer on death deed is void because it was obtained by fraud, duress, or 12
undue influence. 13
(7) A transfer on death deed shall: 14
(a) Except as otherwise provided in this subsection, contain the required 15
elements and formalities of a properly recordable inter vivos deed; 16
(b) Designate one (1) or more persons, identified by name, as a designated 17
beneficiary. A transfer on death deed that uses a beneficiary designation 18
that only identifies beneficiaries as members of a class is void; 19
(c) If the transferor is married, contain a sworn statement by the transferor's 20
spouse that the spouse's dower or curtesy rights are subordinate to the 21
vesting of title to the property or interest in the property to the designated 22
beneficiary at the time of transfer; 23
(d) State that the transfer to the designated beneficiary is to occur at the 24
transferor's death; and 25
(e) Be recorded before the transferor's death in the public records in the office 26
of the county clerk in the county where the property to be transferred is 27 UNOFFICIAL COPY 24 RS BR 228
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located. 1
(8) A transfer on death deed shall be effective without: 2
(a) Notice or delivery to, or acceptance by, the designated beneficiary during 3
the transferor's life; or 4
(b) Consideration. 5
SECTION 3. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 6
READ AS FOLLOWS: 7
(1) Except as provided in subsection (2) of this section, an instrument shall be 8
effective to revoke a recorded transfer on death deed in whole or in part only if 9
the instrument is one (1) of the following: 10
(a) A transfer on death deed that revokes the deed or part of the deed expressly 11
or by inconsistency; 12
(b) An instrument of revocation that expressly revokes the deed or part of the 13
deed; 14
(c) An inter vivos deed that expressly revokes the transfer on death deed or part 15
of the deed; or 16
(d) An inter vivos deed that transfers an interest in property that is the subject 17
of a transfer on death deed; 18
and is acknowledged by the transferor after the acknowledgment of the deed 19
being revoked and recorded before the transferor's death in the public records in 20
the office of the county clerk in the county where the deed is recorded. 21
(2) If a transfer on death deed is made by more than one (1) transferor: 22
(a) Revocation by a transferor shall not affect the deed as to the interest of 23
another transferor; and 24
(b) A deed of joint owners is revoked only if it is revoked by all of the living 25
joint owners. 26
(3) After a transfer on death deed is recorded, it shall not be revoked by a will or 27 UNOFFICIAL COPY 24 RS BR 228
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codicil, or by a revocatory act on the deed. 1
(4) If a recorded power of attorney or the transfer on death deed expressly grants a 2
designated agent or the transferor the power to revoke a transfer on death deed, 3
the designated agent may revoke the transfer on death deed as provided in this 4
section. 5
(5) The signature, consent, agreement of, or notice to the designated beneficiary of 6
any revocatory act shall not be required. 7
(6) Nothing in this section shall limit the effect of an inter vivos transfer of the 8
property. 9
SECTION 4. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 10
READ AS FOLLOWS: 11
During a transferor's life, a transfer on death deed shall not: 12
(1) Affect an interest or right of the transferor or any other owner, including the 13
right to transfer or encumber the property; 14
(2) Affect an interest or right of a transferee, even if the transferee has actual or 15
constructive notice of the deed; 16
(3) Affect an interest or right of a secured or unsecured creditor or future creditor of 17
the transferor, even if the creditor has actual or constructive notice of the deed; 18
(4) Affect the transferor's or designated beneficiary's eligibility for any form of 19
public assistance; 20
(5) Create a legal or equitable interest in favor of the designated beneficiary; or 21
(6) Subject the property to claims or process of a creditor of the designated 22
beneficiary. 23
SECTION 5. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 24
READ AS FOLLOWS: 25
(1) Except as otherwise provided in the transfer on death deed in this section, Section 26
15 of this Act, KRS 394.092, 394.400, or 397.1002, on the death of the transferor, 27 UNOFFICIAL COPY 24 RS BR 228
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the following shall apply to the property that is the subject of a transfer on death 1
deed and owned by the transferor at death: 2
(a) The interest in the property is transferred to the designated beneficiary in 3
accordance with the deed; 4
(b) The interest of a designated beneficiary is contingent on the designated 5
beneficiary surviving the transferor, and the interest of a designated 6
beneficiary that fails to survive the transferor lapses; 7
(c) Subject to paragraphs (d) and (e) of this subsection, concurrent interests are 8
transferred to the beneficiaries in equal and undivided shares with no right 9
of survivorship; 10
(d) If the transferor has identified two (2) or more designated beneficiaries to 11
receive concurrent interests in the property and the transferor has not 12
named an alternate designated beneficiary under paragraph (e) of this 13
subsection for the share of a designated beneficiary that lapses or fails for 14
any reason, the lapsing or failing share shall be transferred to the other 15
remaining designated beneficiaries in proportion to the interest of each 16
remaining beneficiary in the remaining part of the property held 17
concurrently; and 18
(e) The transferor may identify one (1) or more alternate designated 19
beneficiaries to take the share of a designated beneficiary that lapses or 20
fails for any reason. 21
(2) Subject to KRS 382.010 to 382.385, a beneficiary shall take the property subject 22
to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and 23
other interests to which the property is subject at the transferor's death. For 24
purposes of this subsection and Section 16 of this Act, the recording of the 25
transfer on death deed to the beneficiary shall be deemed to have occurred at the 26
transferor's death, but only upon the beneficiary furnishing proof of death of the 27 UNOFFICIAL COPY 24 RS BR 228
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transferor. Proof of death includes a death certificate, record, or report that 1
constitutes prima facie evidence of death. 2
(3) If the transferor is a joint owner and is: 3
(a) Survived by one (1) or more other joint owners, the property that is the 4
subject of a transfer on death deed shall belong to the surviving joint owner 5
or owners with right of survivorship; or 6
(b) The last surviving joint owner, the transfer on death deed is effective. 7
(4) A transfer on death deed shall transfer property without covenant or warranty of 8
title even if the deed contains a contrary provision. 9
(5) A beneficiary may disclaim all or part of the beneficiary's interest as provided 10
under KRS 394.035. 11
SECTION 6. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 12
READ AS FOLLOWS: 13
(1) To the extent the transferor‘s probate estate is insufficient to satisfy an allowed 14
claim against the estate, the costs of administration of the estate, or a statutory 15
allowance to a surviving spouse or child, the estate may enforce the liability 16
against property transferred at the transferor's death by a transfer on death deed. 17
(2) If more than one (1) property is transferred by one (1) or more transfer on death 18
deeds, the liability under subsection (1) of this section shall be apportioned 19
among the properties in proportion to their net values at the transferor's death. 20
(3) A proceeding to enforce the liability under this section must be commenced not 21
later than twelve (12) months after the transferor's death. A proceeding to 22
enforce the liability under subsection (1) of this section may not be commenced 23
unless the personal representative of the transferor's estate has received a written 24
demand by the surviving spouse, a creditor, a child of the decedent, or a person 25
acting for a child of the decedent. 26
SECTION 7. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 27 UNOFFICIAL COPY 24 RS BR 228
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READ AS FOLLOWS: 1
(1) The form in subsection (2) of this section may be used to create a transfer on 2
death deed. In addition, each county clerk shall offer the following form to the 3
public, as prescribed by the Department for Libraries and Archives, to effect a 4
transfer on death deed. 5
(2) The provisions of Sections 1 to 13 of this Act shall govern the effect of this or any 6
other instrument used to create a transfer on death deed: 7
(front of form) 8
REVOCABLE TRANSFER ON DEATH DEED 9
NOTICE TO OWNER 10
You should carefully read all information on the other side of this form. You May 11
Want to Consult a Lawyer Before Using This Form. 12
This form must be recorded before your death, or it will not be effective. 13
IDENTIFYING INFORMATION 14
Owner or Owners Making This Deed: 15
_________________________________________________________ 16
Printed name Mailing address 17
_________________________________________________________ 18
Printed name Mailing address 19
Legal description of the property: 20
____________________________________________________________ 21
PRIMARY BENEFICIARY 22
I designate the following beneficiary if the beneficiary survives me: 23
____________________________________________ 24
Printed name Mailing address, if available 25
ALTERNATE BENEFICIARY – Optional 26
If my primary beneficiary does not survive me, I designate the following alternate 27 UNOFFICIAL COPY 24 RS BR 228
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beneficiary if that beneficiary survives me: 1
____________________________________________ 2
Printed name Mailing address, if available 3
TRANSFER ON DEATH 4
At my death, I transfer my interest in the described property to the beneficiaries 5
as designated above. 6
Before my death, I have the right to revoke this deed. 7
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED 8
_______________________________[(SEAL)]_________________ 9
Signature Date 10
_______________________________[(SEAL)]_________________ 11
Signature Date 12
ACKNOWLEDGMENT 13
(insert acknowledgment for deed here) 14
(back of form) 15
COMMON QUESTIONS ABOUT THE USE OF THIS FORM 16
1. What does the Transfer on Death (TOD) deed do? When you die, this deed 17
transfers the described property, subject to any liens or mortgages or other 18
encumbrances on the property at your death. Probate is not required. The TOD deed 19
has no effect until you die. You can revoke it at any time. You are also free to transfer 20
the property to someone else during your lifetime. If you do not own any interest in the 21
property when you die, this deed will have no effect. 22
2. How do I make a TOD deed? Complete this form. Have it acknowledged 23
before a notary public or other individual authorized by law to take acknowledgments. 24
Record the form in each county where any part of the property is located. The form has 25
no effect unless it is acknowledged and recorded before your death. 26
3. Is the "legal description" of the property necessary? Yes. 27 UNOFFICIAL COPY 24 RS BR 228
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4. How do I find the "legal description" of the property? This information 1
may be on the deed you received when you became an owner of the property. This 2
information may also be available in the county clerk's office for the county where the 3
property is located. If you are not absolutely sure, consult a lawyer. 4
5. Can I change my mind before I record the TOD deed? Yes. If you have not 5
yet recorded the deed and want to change your mind, simply tear up or otherwise 6
destroy the deed. 7
6. How do I "record" the TOD deed? Take the completed and acknowledged 8
form to the county clerk's office of the county where the property is located. Follow the 9
instructions given by the county clerk to make the form part of the official property 10
records. If the property is in more than one county you should record the deed in each 11
county. 12
7. Can I later revoke the TOD deed if I change my mind? Yes. You can revoke 13
the TOD deed. No one, including the beneficiaries, can prevent you from revoking the 14
deed. 15
8. How do I revoke the TOD deed after it is recorded? There are three ways to 16
revoke a recorded TOD deed: (1) Complete and acknowledge a revocation form, and 17
record it in each county where the property is located. (2) Complete and acknowledge a 18
new TOD deed that disposes of the same property, and record it in each county where 19
the property is located. (3) Transfer the property to someone else during your lifetime 20
by a recorded deed that expressly revokes the TOD deed. You may not revoke the TOD 21
deed by will. 22
9. I am being pressured to complete this form. What should I do? Do not 23
complete this form under pressure. Seek help from a trusted family member, friend, or 24
lawyer. 25
10. Do I need to tell the beneficiaries about the TOD deed? No, but it is 26
recommended. Secrecy can cause later complications and might make it easier for 27 UNOFFICIAL COPY 24 RS BR 228
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others to commit fraud. 1
11. I have other questions about this form. What should I do? This form is 2
designed to fit some but not all situations. If you have other questions, you are 3
encouraged to consult a lawyer. 4
SECTION 8. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) The following form may be used to create an instrument of revocation under 7
Sections 1 to 13 of this Act. In addition, each county clerk shall offer the 8
following form to the public, as prescribed by the Department for Libraries and 9
Archives, to revoke a transfer on death deed. 10
(2) The provisions of Sections 1 to 13 of this Act shall govern the effect of this or any 11
other instrument used to revoke a transfer on death deed: 12
(front of form) 13
REVOCATION OF TRANSFER ON DEATH DEED 14
NOTICE TO OWNER 15
This revocation must be recorded before you die or it will not be effective. This 16
revocation is effective only as to the interests in the property of owners who sign this 17
revocation. 18
IDENTIFYING INFORMATION 19
Owner or Owners of Property Making This Revocation: 20
_________________________________________________________ 21
Printed name Mailing address 22
________________________________________________________ 23
Printed name Mailing address 24
Legal description of the property: 25
____________________________________________________________ 26
REVOCATION 27 UNOFFICIAL COPY 24 RS BR 228
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I revoke all my previous transfers of this property by transfer on death deed. 1
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION 2
_______________________________[(SEAL)]_________________ 3
Signature Date 4
_______________________________[(SEAL)]_________________ 5
Signature Date 6
ACKNOWLEDGMENT 7
(insert acknowledgment here) 8
(back of form) 9
1. How do I use this form to revoke a Transfer on Death (TOD) deed? 10
Complete this form. Have it acknowledged before a notary public or other individual 11
authorized to take acknowledgments. Record the form in the public records in the 12
county clerk's office of each county where the property is located. The form must be 13
acknowledged and recorded before your death or it has no effect. 14
2. How do I find the "legal description" of the property? This information 15
may be on the TOD deed. It may also be available in the county clerk's office for the 16
county where the property is located. If you are not absolutely sure, consult a lawyer. 17
3. How do I "record" the form? Take the completed and acknowledged form 18
to the county clerk's office of the county where the property is located. Follow the 19
instructions given by the county clerk to make the form part of the official property 20
records. If the property is located in more than one county, you should record the form 21
in each of those counties. 22
4. I am being pressured to complete this form. What should I do? Do not 23
complete this form under pressure. Seek help from a trusted family member, friend, or 24
lawyer. 25
5. I have other questions about this form. What should I do? This form is 26
designed to fit some but not all situations. If you have other questions, consult a 27 UNOFFICIAL COPY 24 RS BR 228
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lawyer. 1
SECTION 9. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 2
READ AS FOLLOWS: 3
In applying and construing this uniform act, consideration shall be given to the need to 4
promote uniformity of the law with respect to its subject matter among the states that 5
enact it. 6
SECTION 10. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 7
READ AS FOLLOWS: 8
The provisions of Sections 1 to 13 of this Act modify, limit, and supersede the Federal 9
Electronic Signatures in Global and National Commerce Act, 15 U.S.C. secs. 7001 et 10
seq., but do not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. sec. 11
7001(c), or authorize electronic delivery of any of the notices described in Section 12
103(b) of that Act, 15 U.S.C. sec. 7003(b). 13
SECTION 11. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 14
READ AS FOLLOWS: 15
Sections 1 to 13 of this Act shall not affect any method of transferring property 16
otherwise permitted under the laws of this state. 17
SECTION 12. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 18
READ AS FOLLOWS: 19
Sections 1 to 13 of this Act shall apply to a transfer on death deed made before, on, or 20
after the effective date of this Act by a transferor dying on or after the effective date of 21
this Act. 22
SECTION 13. A NEW SECTION OF KRS CHAPTER 391 IS CREATED TO 23
READ AS FOLLOWS: 24
Sections 1 to 13 of this Act may be cited as the Uniform Real Property Transfer 25
on Death Act. 26
Section 14. KRS 64.012 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 228
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(1) The county clerk shall receive for the following services the following fees: 1
(a) 1. Recording and indexing of a: 2
a. Deed of trust or assignment for the benefit of creditors; 3
b. Deed; 4
c. Deed of assignment; 5
d. File-stamped copy of documents set forth in KRS 14A.2-040(1) or 6
(2) that have been filed first with the Secretary of State; 7
e. Real estate option; 8
f. Power of attorney; 9
g. Revocation of power of attorney; 10
h. Lease which is recordable by law; 11
i. Deed of release of a mortgage or lien under KRS 382.360; 12
j. United States lien; 13
k. Release of a United States lien; 14
l. Release of any recorded encumbrance other than state liens; 15
m. Lis pendens notice concerning proceedings in bankruptcy; 16
n. Lis pendens notice; 17
o. Mechanic's and artisan's lien under KRS Chapter 376; 18
p. Assumed name; 19
q. Notice of lien issued by the Internal Revenue Service; 20
r. Notice of lien discharge issued by the Internal Revenue Service; 21
s. Original, assignment, amendment, or continuation financing 22
statement; 23
t. Making a record for the establishment of a city, recording the plan 24
or plat thereof, and all other service incident; 25
u. Survey of a city, or any part thereof, or any addition to or 26
extensions of the boundary of a city; 27 UNOFFICIAL COPY 24 RS BR 228
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v. Recording with statutory authority for which no specific fee is set, 1
except a military discharge; 2
w. Will or other probate document pursuant to KRS Chapter 392 or 3
394; 4
x. Court ordered name change pursuant to KRS Chapter 401; 5
y. Land use restriction according to KRS 100.3681;[ and] 6
z. Transfer on death deed; 7
aa. Revocation of a transfer on death deed; and 8
ab. Filing with statutory authority for which no specific fee is set;[.] 9
For all items in this paragraph[subsection] if the entire thereof 10
does not exceed 11
five (5) pages .........................................................................$33.00 12
And, for all items in this paragraph[subsection] exceeding five (5) 13
pages, 14
for each additional page ..........................................................$3.00 15
And, for all items in this paragraph[subsection] for each 16
additional reference 17
relating to same instrument .....................................................$4.00 18
2. The thirty-three dollar ($33) fee imposed by this paragraph[subsection] 19
shall be divided as follows: 20
a. Twenty-seven dollars ($27) shall be retained by the county clerk; 21
and 22
b. Six dollars ($6) shall be paid to the affordable housing trust fund 23
established in KRS 198A.710 and shall be remitted by the county 24
clerk within ten (10) days following the end of the quarter in 25
which the fee was received. Each remittance to the affordable 26
housing trust fund shall be accompanied by a summary report on a 27 UNOFFICIAL COPY 24 RS BR 228
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form prescribed by the Kentucky Housing Corporation. 1
(b) For noting a security interest on a certificate of title pursuant to 2
KRS Chapter 186A ..................................................................................$12.00 3
(c) For filing the release of collateral under a financing statement 4
and noting same upon the face of the title pursuant to KRS Chapter 5
186 or 186A ...............................................................................................$5.00 6
(d) Filing or recording state tax or other state liens ........................................$5.00 7
(e) Filing release of a state tax or other state lien ...........................................$5.00 8
(f) Acknowledging or notarizing any deed, mortgage, power of attorney, 9
or other written instrument required by law for recording and certifying 10
same ..................................... ......................................................................$5.00 11
(g) Recording plats, maps, and surveys, not exceeding 24 inches by 12
36 inches, per page ..................................................................................$40.00 13
(h) Recording a bond, for each bond .............................................................$10.00 14
(i) Each bond required to be taken or prepared by the clerk ..........................$4.00 15
(j) Copy of any bond when ordered ................................................................$3.00 16
(k) Administering an oath and certificate thereof ...........................................$5.00 17
(l) Issuing a license for which no other fee is fixed by law ............................$8.00 18
(m) Issuing a solicitor's license ......................................................................$15.00 19
(n) Marriage license, indexing, recording, and issuing certificate thereof ....$26.50 20
(o) Every order concerning the establishment, changing, closing, or 21
discontinuing of roads, to be paid out of the county levy when 22
the road is established, changed, closed, or discontinued, and by 23
the applicant when it is not ...............................................................$3.00 24
(p) Registration of licenses for professional persons required to register 25
with the county clerk ......................................................................$10.00 26
(q) Certified copy of any record ......................................................................$5.00 27 UNOFFICIAL COPY 24 RS BR 228
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Plus fifty cents ($.50) per page after three (3) pages 1
(r) Filing certification required by KRS 65.070(2)(a) ....................................$5.00 2
(s) Filing notification and declaration and petition of candidates 3
for Commonwealth's attorney ........................................................$200.00 4
(t) Filing notification and declaration and petition of candidates for county 5
and independent boards of education .............................................$20.00 6
(u) Filing notification and declaration and petition of candidates for 7
boards of soil and water conservation districts ...............................$20.00 8
(v) Filing notification and declaration and petition of candidates for 9
other office ......................................................................................$50.00 10
(w) Filing declaration of intent to be a write-in candidate for office ..............$50.00 11
(x) Filing petitions for elections, other than nominating petitions ................$50.00 12
(y) Notarizing any signature, per signature .....................................................$2.00 13
(z) Filing bond for receiving bodies under KRS 311.310 .............................$10.00 14
(aa) Noting the assignment of a certificate of delinquency and recording 15
and indexing the encumbrance under KRS 134.126 or 134.127 .............$27.00 16
(ab) Filing a going-out-of-business permit under KRS 365.445 .....................$50.00 17
(ac) Filing a renewal of a going-out-of-business permit under KRS 365.445 $50.00 18
(ad) Filing and processing a transient merchant permit under KRS 365.680 .$25.00 19
(ae) Recording and indexing a real estate mortgage: 20
1. For a mortgage that does not exceed thirty (30) pages ....................$63.00 21
2. And, for a mortgage that exceeds thirty (30) pages, for each additional 22
page .........................................................................................$3.00 23
(af) Filing or recording a lien or release of lien by a consolidated local 24
government, urban-county government, unified local government, or city of 25
any class ................................................................................................$20.00 26
(2) The sixty-three dollar ($63) fee imposed by subsection (1)(ae) of this section shall 27 UNOFFICIAL COPY 24 RS BR 228
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be divided as follows: 1
(a) Fifty-seven dollars ($57) shall be retained by the county clerk; and 2
(b) Six dollars ($6) shall be paid to the affordable housing trust fund established 3
in KRS 198A.710 and shall be remitted by the county clerk within ten (10) 4
days following the end of the quarter in which the fee was received. Each 5
remittance to the affordable housing trust fund shall be accompanied by a 6
summary report on a form prescribed by the Kentucky Housing Corporation. 7
(3) (a) For services related to the permanent storage of records listed in paragraphs 8
(a), (g), (n), and (ae) of subsection (1) of this section, the clerk shall be 9
entitled to receive a reimbursement of ten dollars ($10). 10
(b) In counties or a county containing an urban-county government, charter 11
county government, or unified local government: 12
1. This fee shall: 13
a. Not be paid annually to the fiscal court under KRS 64.152; 14
b. Not be paid to the Finance and Administration Cabinet under KRS 15
64.345; 16
c. Be accumulated and transferred to the fiscal court or the legislative 17
body of an urban-county government on a monthly basis within 18
ten (10) days following the end of the month; 19
d. Be maintained by the fiscal court or the legislative body of an 20
urban-county government in a separate bank account and 21
accounted for in a separate fund; and 22
e. Not lapse to the general fund of the county or urban-county 23
government. 24
2. The moneys accumulated from this fee shall be held in perpetuity by the 25
fiscal court or the legislative body of an urban-county government for 26
the county clerk's exclusive use for: 27 UNOFFICIAL COPY 24 RS BR 228
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a. Equipment related to the permanent storage of and access to 1
records, including deed books, binders, shelves, microfilm 2
equipment, and fireproof equipment; 3
b. Hardware for the permanent storage of and access to records, 4
including computers, servers, and scanners; 5
c. Software for the permanent storage of and access to records, 6
including vendor services and consumer subscription fees; 7
d. Personnel costs for the permanent storage of and access to records, 8
including overtime costs for personnel involved in the digitization 9
of records; and 10
e. Cloud storage and cybersecurity services for the permanent storage 11
of and access to records. 12
3. Notwithstanding KRS 68.275, claims by a county clerk that are for the 13
approved expenditures in subparagraph 2. of this paragraph shall be paid 14
by the county judge/executive or the chief executive officer of an urban-15
county government by a warrant drawn on the fund and co-signed by the 16
treasurer of the county or urban-county government. 17
4. No later than July 1 of each year, each county fiscal court or legislative 18
body of an urban-county government shall submit a report to the 19
Legislative Research Commission detailing the receipts, expenditures, 20
and any amounts remaining in the fund. 21
(c) In a county containing a consolidated local government: 22
1. The fee shall not: 23
a. Be paid to the Finance and Administration Cabinet under KRS 24
64.345; or 25
b. Lapse to the general fund of the consolidated local government. 26
2. The moneys accumulated from this fee shall be held in perpetuity by the 27 UNOFFICIAL COPY 24 RS BR 228
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county clerk in a separate fund to be used exclusively for: 1
a. Equipment related to the permanent storage of and access to 2
records, including deed books, binders, shelves, microfilm 3
equipment, and fireproof equipment; 4
b. Hardware for the permanent storage of and access to records, 5
including computers, servers, and scanners; 6
c. Software for the permanent storage of and access to records, 7
including vendor services and consumer subscription fees; 8
d. Personnel costs for the permanent storage of and access to records, 9
including overtime costs for personnel involved in the digitization 10
of records; and 11
e. Cloud storage and cybersecurity services for the permanent storage 12
of and access to records. 13
3. No later than July 1 of each year, the county clerk shall submit a report 14
to the consolidated local government and the Legislative Research 15
Commission detailing the receipts, expenditures, and any amounts 16
remaining in the fund. 17
Section 15. KRS 381.280 is amended to read as follows: 18
(1) If the husband, wife, heir-at-law, beneficiary under a will, joint tenant with the right 19
of survivorship, beneficiary under a transfer on death deed, or the beneficiary 20
under any insurance policy takes the life of the decedent or victimizes the decedent 21
by the commission of any felony under KRS Chapter 209 and in either 22
circumstance is convicted therefor, the person so convicted forfeits all interest in 23
and to the property of the decedent, including any interest he or she would receive 24
as surviving joint tenant, and the property interest or insurable interest so forfeited 25
descends to the decedent's other heirs-at-law, beneficiaries, or joint tenants, unless 26
otherwise disposed of by the decedent. A judge sentencing a person for an[a] 27 UNOFFICIAL COPY 24 RS BR 228
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offense that triggers a forfeiture under this section shall inform the defendant of the 1
provisions of this section at sentencing. 2
(2) A forfeiture under subsection (1) of this section: 3
(a) Shall not apply in cases involving the commission of any felony under KRS 4
Chapter 209 where the will, deed, or insurance policy was executed prior to 5
January 1, 2012; 6
(b) Shall not apply in cases where the decedent, with knowledge of the person's 7
disqualification, reaffirmed the right of the husband, wife, heir-at-law, 8
beneficiary under a will, joint tenant with the right of survivorship, transfer 9
on death deed beneficiary, or insurance policy beneficiary to receive the 10
property by executing a new or modified will or codicil, insurance policy or 11
policy modification, transfer on death deed, or deed; and 12
(c) Shall not apply in cases of a felony under KRS Chapter 209 committed prior 13
to January 1, 2012. 14
(3) If, after the provisions of this section are applied, there are no other heirs-at-law, 15
beneficiaries, or joint tenants of the decedent as to all or part of the interest 16
forfeited, the forfeited interest shall escheat to the state under KRS Chapter 393. 17
The Department of the Treasury shall, after liquidation of the interest, pay the 18
proceeds into the elder and vulnerable adult victims trust fund established in KRS 19
41.305. 20
Section 16. KRS 382.110 is amended to read as follows: 21
(1) All deeds, mortgages, transfer on death deeds, and other instruments required by 22
law to be recorded to be effectual against purchasers without notice, or creditors, 23
shall be recorded in the county clerk's office of the county in which the property 24
conveyed, or the greater part thereof, is located. 25
(2) No county clerk or deputy county clerk shall admit to record any deed of 26
conveyance of any interest in real property equal to or greater than a life estate, 27 UNOFFICIAL COPY 24 RS BR 228
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unless the deed plainly specifies and refers to the immediate source from which the 1
grantor derived title to the property or the interest conveyed therein. 2
(3) An authentic photocopy of any original record may be certified, as a true, complete, 3
unaltered copy of the original record on file by the official public custodian of the 4
record. A certified copy of a document certified by the official public custodian of 5
that document may be submitted for filing in any other filing officer's jurisdiction as 6
though it were the original record. However, no county clerk or deputy county clerk 7
shall accept for filing any original document or certified copy of any document 8
unless the original document and its certified copy conforms to all statutory 9
requirements for filing the document under KRS Chapter 382. The provisions of 10
this subsection shall apply only to a record generated and filed in Kentucky, and 11
only if the certified copy thereof is to be utilized in Kentucky. If the record is a 12
foreign record or a Kentucky record to be filed or utilized in a foreign jurisdiction, 13
then this subsection shall not apply and applicable federal, Kentucky, or foreign law 14
shall apply. 15
(4) If the source of title is a deed or other recorded writing, the deed offered for record 16
shall refer to the former deed or writing, and give the office, book and page where 17
recorded, and the date thereof. If the property or interest therein is obtained by 18
inheritance or in any other way than by recorded instrument of writing, the deed 19
offered for record shall state clearly and accurately how and from whom the title 20
thereto was obtained by the grantor. 21
(5) If the title to the property or interest conveyed is obtained from two (2) or more 22
sources, the deed offered for record shall plainly specify and refer to each of the 23
sources in the manner provided in subsections (2) and (4), and shall show which 24
part of the property, or interest therein, was obtained from each of the sources. 25
(6) No grantor shall lodge for record, and no county clerk or deputy shall receive and 26
permit to be lodged for record, any deed that does not comply with the provisions of 27 UNOFFICIAL COPY 24 RS BR 228
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this section. 1
(7) No clerk or deputy clerk shall be liable to the fine imposed by subsection (1) of 2
KRS 382.990 because of any erroneous or false references in any such deed, nor 3
because of the omission of a reference required by law where it does not appear on 4
the face of such deed that the title to the property or interest conveyed was obtained 5
from more than one (1) source. 6
(8) This section does not apply to deeds made by any court commissioner, sheriff or by 7
any officer of court in pursuance of his or her duty as such officer, nor to any deed 8
or instrument made and acknowledged before March 20, 1928. No deed shall be 9
invalid because it is lodged contrary to the provisions of this section. 10
(9) A mortgage holder shall file a deed in lieu of foreclosure in the county clerk's office 11
of the county in which the property conveyed, or the greater part thereof, is located, 12
no later than forty-five (45) days after the date the deed in lieu of foreclosure is 13
executed. 14
(10) A deed filed pursuant to KRS 426.577 shall be filed by the grantee within five (5) 15
business days of receipt of the deed from the commissioner appointed by a court to 16
convey the property. 17
Section 17. KRS 382.135 is amended to read as follows: 18
(1) In addition to any other requirement imposed by law, a deed to real property shall 19
contain the following: 20
(a) The full name of the grantor and grantee; 21
(b) The mailing addresses of the grantor and grantee; 22
(c) A statement of the full consideration; 23
(d) A statement indicating the in-care-of address to which the property tax bill for 24
the year in which the property is transferred may be sent; and 25
(e) 1. In the case of a transfer other than by gift, or with nominal or no 26
consideration a sworn, notarized certificate signed by the grantor or his 27 UNOFFICIAL COPY 24 RS BR 228
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or her agent and the grantee or his or her agent, or the parent or guardian 1
of a person under eighteen (18) years old, that the consideration 2
reflected in the deed is the full consideration paid for the property; or 3
2. In the case of a transfer either by gift or with nominal or no 4
consideration, a sworn, notarized certificate signed by the grantor or his 5
or her agent and the grantee or his or her agent, or the parent or guardian 6
of a person under eighteen (18) years old, stating that the transfer is by 7
gift and setting forth the estimated fair cash value of the property. 8
(2) The deed filing requirements listed in subsection (1)(c), (d), and (e) of this section 9
shall not apply to: 10
(a) Deeds which only convey utility easements; 11
(b) Deeds which transfer property through a court action pursuant to a divorce 12
proceeding; 13
(c) Deeds which convey rights-of-way that involve governmental agencies; 14
(d) Deeds which convey cemetery lots; 15
(e) Deeds which correct errors in previous deeds conveying the same property 16
from the same grantor to the same grantee;[ or] 17
(f) Deeds which convey real property to a local airport board; or 18
(g) Transfer on death deeds. 19
(3) In the case of an exchange of properties, the fair cash value of the property being 20
exchanged shall be stated in the body of the deed. 21
(4) In the event of a transfer of property by will or under the laws of intestate 22
succession, the personal representative of the estate, prior to closing out the estate, 23
shall file an affidavit with the county clerk of each county in which any of the 24
property is located, which shall contain the following: 25
(a) The names and addresses of the persons receiving each property passing by 26
will or intestate succession; and 27 UNOFFICIAL COPY 24 RS BR 228
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(b) The full or fair market value of each property as estimated or established for 1
any purpose in the handling of the estate, or a statement that no such values 2
were estimated or established. 3
(5) No county clerk or deputy clerk shall lodge for record, and no county clerk or 4
deputy shall receive and permit to be lodged for record, any deed that does not 5
comply with the provisions of this section. 6
(6) For purposes of subsection (1)(a) of this section, the full name of the grantor and 7
grantee shall be determined as follows: 8
(a) As provided in KRS 355.9-503(1); or 9
(b) For a business entity, it shall be synonymous with its real name determined as 10
provided in KRS 365.015(1)(b) and (c); or 11
(c) For an individual, his or her surname and his or her first personal name or 12
initial, middle personal name or names, or initial or initials, or any 13
combination thereof that includes the individual's surname. 14
(7) The receipt for record and recording of any instrument by the county clerk not in 15
compliance with this section shall not prevent the record of filing of the instrument 16
from becoming notice as otherwise provided by law, nor impair the admissibility of 17
the record as evidence. 18
Section 18. KRS 391.360 is amended to read as follows: 19
(1) A written provision for a nonprobate transfer on death in an insurance policy, 20
contract of employment, bond, mortgage, promissory note, certified or uncertified 21
security account agreement, custodial agreement, deposit agreement, compensation 22
plan, pension plan, individual retirement plan, employee benefit plan, trust, 23
conveyance, deed of gift, marital property agreement, transfer on death deed, or 24
other written instrument of a similar nature is nontestamentary. These written 25
provisions shall include[,] but not be limited to[,] written provisions which provide 26
that: 27 UNOFFICIAL COPY 24 RS BR 228
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(a) Money or other benefits due to, controlled, or owned by a decedent before 1
death shall be paid after the decedent's death to a person whom the decedent 2
designates either in the instrument or in a separate writing, including a will, 3
executed before, at the same time, or after the instrument is executed; 4
(b) Money due or to become due under the instrument shall cease to be payable in 5
the event of the death of the promisee or the promissor before payment or 6
demand; or 7
(c) Any property, controlled by or owned by the decedent before death, which is 8
the subject of the instrument shall pass to a person the decedent designates 9
either in the instrument or in a separate writing, including a will, executed 10
before, at the same time, or after the instrument is executed. 11
(2) This section shall not limit the rights of creditors under other laws of this state. 12
Section 19. KRS 392.020 is amended to read as follows: 13
Except as provided in Section 2 of this Act, after the death of the husband or wife 14
intestate, the survivor shall have an estate in fee of one-half (1/2) of the surplus real estate 15
of which the other spouse or anyone for the use of the other spouse, was seized of an 16
estate in fee simple at the time of death, and shall have an estate for his or her life in one-17
third (1/3) of any real estate of which the other spouse or anyone for the use of the other 18
spouse, was seized of an estate in fee simple during the coverture but not at the time of 19
death, unless the survivor's right to such interest has been barred, forfeited or 20
relinquished. The survivor shall also have an absolute estate in one-half (1/2) of the 21
surplus personalty left by the decedent. Unless the context otherwise requires, any 22
reference in the statutes of this state to "dower" or "curtesy" shall be deemed to refer to 23
the surviving spouse's interest created by this section. 24
Section 20. KRS 392.070 is amended to read as follows: 25
When a surviving spouse recovers dower or curtesy against the heir or devisee or 26
purchaser from the decedent, or from a beneficiary under Sections 1 to 13 of this Act, 27 UNOFFICIAL COPY 24 RS BR 228
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the dower or curtesy shall be according to the value of the estate when received by the 1
heir, devisee, beneficiary, or purchaser, and shall not include, in the estimated value, any 2
permanent improvements which the heir, devisee, beneficiary, or purchaser has made on 3
the land. Against the heir,[ or] devisee, beneficiary, or his or her alienee the surviving 4
spouse's claim for rent shall not exceed rent for five (5) years before the action, and 5
against a purchaser from the decedent the surviving spouse's claim shall be only from the 6
commencement of the action. In either case it shall continue up to final recovery. If, after 7
action has been brought, the surviving spouse or tenant dies before recovery, the rent may 8
be recovered by the surviving spouse's representative or against the tenant's heirs, 9
devisees, and representatives. 10
Section 21. KRS 403.190 is amended to read as follows: 11
(1) In a proceeding for dissolution of the marriage or for legal separation, or in a 12
proceeding for disposition of property following dissolution of the marriage by a 13
court which lacked personal jurisdiction over the absent spouse or lacked 14
jurisdiction to dispose of the property, the court shall assign each spouse's property 15
to him. It also shall divide the marital property without regard to marital misconduct 16
in just proportions considering all relevant factors including: 17
(a) Contribution of each spouse to acquisition of the marital property, including 18
contribution of a spouse as homemaker; 19
(b) Value of the property set apart to each spouse; 20
(c) Duration of the marriage; and 21
(d) Economic circumstances of each spouse when the division of property is to 22
become effective, including the desirability of awarding the family home or 23
the right to live therein for reasonable periods to the spouse having custody of 24
any children. 25
(2) For the purpose of this chapter, "marital property" means all property acquired by 26
either spouse subsequent to the marriage except: 27 UNOFFICIAL COPY 24 RS BR 228
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(a) Property acquired by gift, bequest, devise, or descent during the marriage and 1
the income derived therefrom unless there are significant activities of either 2
spouse which contributed to the increase in value of said property and the 3
income earned therefrom; 4
(b) Property acquired in exchange for property acquired before the marriage or in 5
exchange for property acquired by gift, bequest, devise, or descent; 6
(c) Property acquired by a spouse after a decree of legal separation; 7
(d) Property excluded by valid agreement of the parties; and 8
(e) The increase in value of property acquired before the marriage to the extent 9
that such increase did not result from the efforts of the parties during 10
marriage. 11
(3) All property acquired by either spouse after the marriage and before a decree of 12
legal separation is presumed to be marital property, regardless of whether title is 13
held individually or by the spouses in some form of co-ownership such as joint 14
tenancy, tenancy in common, tenancy by the entirety, and community property. The 15
presumption of marital property is overcome by a showing that the property was 16
acquired by a method listed in subsection (2) of this section. 17
(4) If the retirement benefits of one (1) spouse are excepted from classification as 18
marital property, or not considered as an economic circumstance during the division 19
of marital property, then the retirement benefits of the other spouse shall also be 20
excepted, or not considered, as the case may be. However, the level of exception 21
provided to the spouse with the greater retirement benefit shall not exceed the level 22
of exception provided to the other spouse. Retirement benefits, for the purposes of 23
this subsection shall include retirement or disability allowances, accumulated 24
contributions, or any other benefit of a retirement system or plan regulated by the 25
Employees Retirement Income Security Act of 1974, or of a public retirement 26
system administered by an agency of a state or local government, including 27 UNOFFICIAL COPY 24 RS BR 228
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deferred compensation plans created pursuant to KRS 18A.230 to 18A.275 or 1
defined contribution or money purchase plans qualified under Section 401(a) of the 2
Internal Revenue Code of 1954, as amended. 3
(5) For purposes of this section, property exempted under subsection (2)(a) of this 4
section shall include property transferred to either spouse pursuant to a transfer 5
on death deed. 6
SECTION 22. A NEW SECTION OF KRS CHAPTER 186A IS CREATED 7
TO READ AS FOLLOWS: 8
(1) As used in this section: 9
(a) "Beneficiary" means a person designated to receive title to a vehicle upon 10
the death of the preceding owner or joint owners; 11
(b) "Beneficiary designation form" means a form that contains the intention of 12
a present owner or joint owners of a vehicle to transfer ownership of the 13
vehicle to a named beneficiary upon the death of the owner or last surviving 14
joint owner of the vehicle; 15
(c) "Joint owner" means an individual who owns a vehicle with one (1) or 16
more other individuals as joint tenants with rights of survivorship. "Joint 17
owner" does not include an individual who owns a vehicle with one (1) or 18
more other individuals as tenants in common; 19
(d) "Owner" means an individual who owns a vehicle; and 20
(e) "Vehicle" includes any motor vehicle, motorcycle, motor home, trailer, or 21
other item for which a certificate of title is issued by the cabinet. 22
(2) The cabinet shall provide a beneficiary designation form that allows the owner or 23
joint owners of a vehicle to provide for the transfer of the vehicle's title to a 24
named beneficiary upon the death of the owner or upon the death of all joint 25
owners of the vehicle. The form shall include but not be limited to fields for the 26
following information: 27 UNOFFICIAL COPY 24 RS BR 228
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(a) The manufacturer, model, year, and vehicle identification number of the 1
vehicle; 2
(b) The name of the owner or every joint owner of the vehicle; 3
(c) The words "transfer on death to," or the abbreviation "TOD," followed by 4
the name of the beneficiary; and 5
(d) The signature of the owner of the vehicle or of each joint owner of the 6
vehicle. 7
(3) The cabinet shall make beneficiary forms available: 8
(a) In each county clerk's office; and 9
(b) On the cabinet's public website. 10
(4) Upon the death of the owner, or the last surviving joint owner, of a vehicle for 11
which a beneficiary designation form has been properly executed under 12
subsection (2) of this section, the beneficiary shall present the form to the county 13
clerk and request a new title of ownership of the vehicle in the beneficiary's 14
name. The form shall be accompanied by: 15
(a) Proof of the death of the vehicle's owner or proof of death of the last 16
surviving joint owner of the vehicle including but not limited to a death 17
certificate, record, or report that constitutes prima facie evidence of death; 18
(b) Proof of payment of ad valorem taxes on the vehicle for the current year. If 19
the taxes have not been paid, the beneficiary may elect to pay the taxes to 20
facilitate the transfer; and 21
(c) The fee for the certificate of title transfer. 22
(5) Upon presentation of a properly executed beneficiary designation form and 23
accompanying documents as required under subsection (4) of this section, the 24
county clerk, subject to any security interest in the vehicle, shall issue a new 25
certificate of title to the beneficiary. 26
(6) During the lifetime of the owner of the vehicle for which a beneficiary 27 UNOFFICIAL COPY 24 RS BR 228
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designation form has been properly executed or before the death of the last 1
surviving joint owner of the vehicle: 2
(a) The signature or consent of the beneficiary shall not be required for any 3
transaction relating to the vehicle; and 4
(b) The owner or surviving joint owners of the vehicle may revoke the 5
beneficiary designation form or change the beneficiary on the beneficiary 6
designation form at any time by: 7
1. Selling the vehicle with proper transfer and delivery of the certificate 8
of title to another person; or 9
2. Properly executing a subsequent beneficiary designation form that 10
designates a new beneficiary. 11
(7) Upon the death of the owner or the last surviving joint owner of a vehicle for 12
which a beneficiary designation form has been properly executed, the interest of 13
the beneficiary in the vehicle shall be subject to any contract of sale, assignment, 14
or ownership or security interest to which the owner or joint owners of the vehicle 15
were subject during their lifetime. 16
(8) Except as provided in subsection (6)(b) of this section, the designation of a 17
beneficiary in a beneficiary designation form shall not be changed or revoked by 18
will or by other instrument. 19
(9) The transfer on death of a vehicle under this section shall be a nontestamentary 20
transfer. 21
Section 23. KRS 395.455 is amended to read as follows: 22
(1) Where the exemption of the surviving spouse alone, or together with preferred 23
claims paid by a widow or by the widower where the wife's estate is legally liable 24
for payment, equals or exceeds the amount of probatable assets, the court may order 25
that administration of the estate be dispensed with and the[such] assets [be 26
]transferred to the surviving spouse or to a person designated by the[such] surviving 27 UNOFFICIAL COPY 24 RS BR 228
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spouse to receive all or part of the[such] assets. The court may [so ]order the 1
transfer in both testate and intestate estates and without requiring the renunciation 2
of a will or the giving of bond. 3
(2) Where a minor holds assets solely in his or her name, has no spouse, living 4
descendants, or creditors, and the provisions of KRS 391.033 do not apply, the 5
court may order that administration of the estate be dispensed with and the assets 6
transferred to the surviving parents of the minor or to a person designated by the 7
surviving parents to receive all or part of the assets. The court may order the 8
transfer without requiring the giving of bond. 9
(3)[(2)] If the court is satisfied that no probatable estate will pass through the hands of 10
the personal representative, it may order that no letters of administration be issued, 11
and in the case of a testate estate, that the will be probated only. 12
(4)[(3)] (a) The court may order that the administration of the estate be dispensed 13
with and the assets transferred to a person who has paid preferred claims, 14
or is legally entitled to payment of preferred claims, in an amount equal to 15
or exceeding the amount of probatable assets, if: 16
1. A surviving spouse has waived his or her right to the exemption 17
provided by law in favor of the person under paragraph (a) of this 18
subsection; or 19
2. There is no surviving spouse[Where a surviving spouse has waived his or her 20
right to the exemption accorded by law in favor of a person who has paid 21
preferred claims in an amount equalling or exceeding the amount of 22
probatable assets or who is legally entitled to such payment, or where there is 23
no surviving spouse and such person has made such payment or is legally 24
entitled thereto, the court may order that the administration of the estate be 25
dispensed with and such assets transferred to such person]. 26
(b) The court may [so ]order the transfer without requiring the giving of bond. 27 UNOFFICIAL COPY 24 RS BR 228
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(5)[(4)] For purposes[purpose] of this section, the exemption of the surviving spouse 1
is the[such] exemption [as has been ]created by KRS 391.030, and preferred claims 2
are those listed and paid in accordance with[in] KRS 396.095[ and in the order 3
thereof]. 4
SECTION 24. A NEW SECTION OF KRS CHAPTER 140 IS CREATED TO 5
READ AS FOLLOWS: 6
The taxes under this chapter shall only apply to deaths occurring prior to July 1, 2024. 7
Section 25. The following KRS sections are repealed: 8
140.130 Levy of estate tax -- Computation -- Payment -- Administration. 9
140.140 Payment of estate tax under protest -- Action to recover -- Refund. 10
Section 26. Whereas Kentucky's citizens are saddened upon the death of a loved 11
one and continue to be burdened with strict laws and court actions regarding the 12
administration of that loved one's estate, an emergency is declared to exist, and this Act 13
takes effect upon its passage and approval by the Governor or upon its otherwise 14
becoming a law. 15