| Last Action | 03/27/26: floor amendment (3) filed to Committee Substitute |
|---|---|
| Title | AN ACT relating to the disposition of property. |
| Bill Documents |
Current
Introduced |
| Fiscal Impact Statement | Local Mandate |
| Bill Request Number | 141 |
| Sponsors | B. Storm, R. Stivers |
| Summary of Original Version | Amend KRS 391.010 to specify the share of the surviving spouse in real property in an intestate estate; amend KRS 392.020 to identify surplus personalty and surplus real estate and the share of the surviving spouse to surplus personalty and surplus real estate in an intestate estate; amend KRS 394.300 to set the period of time a county clerk is required to hold a recorded will and to whom the will shall be returned upon expiration of the time period; amend various sections of KRS Chapter 395 to establish requirements for appointment as a fiduciary, confidentiality protections of assets of an estate, and when a hearing for appointment may be waived; amend various sections of KRS Chapter 395 to establish a written declaration under penalty of perjury in lieu of a sworn oath when accepted by the court; amend KRS 395.130 to establish that no bond shall be required of a personal representative unless a surety bond is ordered by the court or required by statute; amend various sections of KRS Chapter 395 to set the requirements for filing an inventory, including penalties for failure to timely comply with the statutory requirements; amend KRS 395.255 to require the clerk of the court to report to the judge on a monthly basis all filings that are not timely filed; amend KRS 395.380, 395.390, and 395.400 to change requirements for the appointment of a public administrator or guardian; remove the sheriff as a public administrator; amend various sections of KRS Chapter 395 to establish procedures to dispense with administration of testate and intestate estates; amend various sections of KRS Chapter 395 to establish procedures for the filing of periodic and final settlements; amend KRS 395.990 to increase the penalty from $10 to $100 for a fiduciary failing to file an inventory or account; amend KRS 199.520 to deem a child of adoption to be a child of the petitioners for purposes of inheritance and succession if the child was adopted and resided with the petitioners prior to the age of 18; amend KRS 140.070 and 140.080 to identify Class A and Class B beneficiaries for purposes of inheritance tax and provide exemptions; amend KRS 64.012 to establish a flat fee of $33 for the recording of a will or other probate document or a court-ordered name change with the county clerk; amend KRS 142.010 to establish a tax of $4 for each recorded will to be collected by the clerk of the court and paid to the county clerk; amend KRS 401.040 to authorize the clerk of the court to collect the fee on behalf of the county clerk for filing a name change order; create a new section of KRS Chapter 186A to set a procedure for the transfer of a motor vehicle upon death; amend KRS 138.470 to include the transfer on death of a motor vehicle as an exemption from the tax imposed by KRS 138.460; create new sections of KRS Chapter 394 to enact the Uniform Electronic Wills Act; define terms; establish the applicability of electronic wills; address the effect of a will electronically executed in another jurisdiction; establish requirements for executing and revoking an electronic will; address records that are not executed in compliance with the requirements for an electronic will; provide requirements for an electronic will to be self-proving; allow for certified paper copies of an electronic will; create new sections of KRS Chapter 394 to enact the Uniform Electronic Estate Planning Documents Act; define terms; establish that a nontestamentary estate planning document or a signature on a nontestamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form; provide that an electronic record of a document satisfies a requirement for a nontestamentary estate planning document to be in writing; establish notarization, acknowledgment, and verification requirements; create new sections of KRS Chapter 386 to enact the Kentucky Qualified Dispositions in Trust Act; define terms; establish requirements for qualified affidavit; prohibit claims by creditors against property subject to a qualified disposition to a qualified trust except under limited circumstances; provide that limitations on actions by creditors do not apply to past due child support, past due maintenance to a spouse or former spouse, or a written agreement, judgment, or order of a court for division of marital property of a spouse or former spouse; limit powers and rights of transferor to those conferred by the qualified trust; establish rules for avoiding a qualified disposition to a qualified trust; address rights of trustee and beneficiary when a qualified disposition has been avoided; provide that a spendthrift provision acts as a restriction on the transferor's beneficial interest in the trust under law other than bankruptcy law; enumerate persons who may not act as a qualified trustee; allow a transferor to appoint trust advisors; provide for the appointment of a successor trustee in certain circumstances; provide that the inclusion of certain provisions in the qualified trust instrument does not deem the trust to be revocable; specify application to trusts and dispositions of property on or after effective date of Act; establish a new subchapter of KRS Chapter 386B and create new sections to enact the Uniform Directed Trust Act; define terms; establish that the Act does not apply to powers of appointment; subject trust directors to same rules, liabilities, and fiduciary duties as trustees; enumerate powers of trust director and responsibilities of trustee in a trust under direction; provide for liability of trust director for breach of trust; time limitation for breach of trust action; require communication of information between trustees and trust directors; establish a new subchapter of KRS Chapter 386B and create new sections to enact the Uniform Trust Decanting Act; define terms; applicability of provisions; require fiduciaries to act in accordance with fiduciary duties in exercising trust decanting power; specify notice requirements prior to exercise of the decanting power; address authority to represent and bind or another person under a first-trust instrument; allow court intervention in disputes regarding the exercise of the decanting power; require an exercise of the decanting power to be made in a record signed by an authorized fiduciary; allow an authorized fiduciary with expanded distributive discretion over the principal of a first trust to exercise decanting power over the principal of the first trust; specify trust provisions and actions permissible when property is decanted to a second trust by such a fiduciary; allow an authorized fiduciary with limited distributive discretion over the principal of a first trust to exercising decanting power over the principal of the first trust; specify trust provisions and actions permissible when property is decanted to a second trust by such a fiduciary; establish rules for decanting to a special needs trust; establish rules to protect charitable trust interests; provide for limitations on decanting power through restrictions in a first-trust instrument; prohibit decanting to a second trust to increase fiduciary compensation unless beneficiaries of the second trust agree to the increase or it is approved by a court; address fiduciary compensation and liability in a second-trust instrument; provide for limitations on authority of authorized fiduciary to exercise decanting power to modify provisions relating to removal or replacement of the fiduciary; set limitations for exercise of the decanting power with respect to transfers of property affecting tax liability; specify requirements for duration of a second trust; allow authorized fiduciary to exercise decanting power regardless of whether the fiduciary could have made or would have been compelled to make a discretionary distribution under discretionary distribution standard of the first trust; provide for circumstances where decanting power is effective even if second trust does not comply in part with the provisions of the Act; provide for decanting powers to an animal trust; establish rules for disposition of later-discovered property; provide that obligations enforceable against first trust are enforceable to same extent against second trust; require provisions to be applied and construed so as to promote uniformity among states; conform to federal requirements related to electronic signatures and records; amend various sections of the Kentucky Revised Statutes to conform; repeal KRS 395.635, relating to certification of list of delinquent fiduciaries; repeal KRS 386B.8-080, relating to a settlor's power to direct a trust; repeal KRS 386.175, relating to second trusts; establish short titles. |
| Index Headings of Original Version |
Local Mandate - Uniform Electronic Estate Planning Documents Act, adoption Banks And Financial Institutions - Trusts, asset protection, qualification requirements Banks And Financial Institutions - Uniform Directed Trust Act, adoption Banks And Financial Institutions - Uniform Electronic Wills Act, adoption Banks And Financial Institutions - Uniform Electronic Estate Planning Documents Act, adoption Banks And Financial Institutions - Uniform Trust Decanting Act, adoption Bonds Of Surety - Wills and estates, fiduciaries, when required, provision Children And Minors - Adoption, inheritance and succession, limitation Circuit Clerks - Inventories, confidentiality protections, provision Circuit Clerks - Name change, recording, filing fees, collection Circuit Clerks - Wills, recording, filing fees, collection County Clerks - Court-ordered name change, recording, fees, provision County Clerks - Wills, recording, fee, provision County Clerks - Wills, recording, tax, establishment Courts, District - Proceedings, wills and estates, establishment Fiduciaries - Duties, failure to comply, penalties, provision Fiduciaries - Inventories, confidentiality requirement, provision Fiduciaries - Trusts, asset protection, qualification requirements Fiduciaries - Uniform Directed Trust Act, adoption Fiduciaries - Uniform Electronic Estate Planning Documents Act, adoption Fiduciaries - Uniform Electronic Wills Act, adoption Fiduciaries - Uniform Trust Decanting Act, adoption Fiduciaries - Wills and estates, duties, requirement Fiduciaries - Wills and estates, qualification requirements Motor Vehicles - Transfer on death, establishment Real Estate - Surviving spouse, descent, provision Sheriffs - Wills and estates, public administrator, removal Short Titles And Popular Names - Kentucky Qualified Dispositions in Trust Act Short Titles And Popular Names - Uniform Directed Trust Act Short Titles And Popular Names - Uniform Electronic Estate Planning Documents Act Short Titles And Popular Names - Uniform Electronic Wills Act Short Titles And Popular Names - Uniform Trust Decanting Act Taxation, Inheritance And Estate - Beneficiaries, applicable class, designation Taxation, Inheritance And Estate - Trusts, asset protection, qualification requirements Taxation, Inheritance And Estate - Uniform Directed Trust Act, adoption Taxation, Inheritance And Estate - Uniform Electronic Estate Planning Documents Act, adoption Taxation, Inheritance And Estate - Uniform Electronic Wills Act, adoption Taxation, Inheritance And Estate - Uniform Trust Decanting Act, adoption Uniform Laws - Uniform Directed Trust Act, adoption Uniform Laws - Uniform Electronic Estate Planning Documents Act, adoption Uniform Laws - Uniform Electronic Wills Act, adoption Uniform Laws - Uniform Trust Decanting Act, adoption Wills, Trusts, And Estates - Bonds, surety, requirement Wills, Trusts, And Estates - Court proceedings, administration, establishment Wills, Trusts, And Estates - Fiduciaries, appointment and removal, requirements Wills, Trusts, And Estates - Surviving spouse, descent of personalty, provision Wills, Trusts, And Estates - Wills and estates, dispense with administration, provision |
| Jump to Proposed Amendments |
Senate Floor Amendment 1 Senate Floor Amendment 2 House Committee Substitute 1 House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 |
| Votes | Vote History |
| 02/17/26 |
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| 02/19/26 |
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| 02/20/26 |
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| 02/23/26 |
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| 03/02/26 |
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| 03/03/26 |
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| 03/04/26 |
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| 03/05/26 |
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| 03/24/26 |
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| 03/25/26 |
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| 03/26/26 |
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| 03/27/26 |
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| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | B. Storm |
| Summary | Retain original provisions, except remove KRS 140.070 and 140.080; amend new sections of KRS Chapter 386 regarding qualified dispositions to include valid lien protections; make technical corrections. |
| Index Headings |
Banks And Financial Institutions - Trusts, asset protection, qualification requirements Wills, Trusts, And Estates - Trusts, qualified dispositions, valid lien, protection Technical Corrections - SB 50 Fiduciaries - Trusts, asset protection, qualification requirements Taxation, Inheritance And Estate - Beneficiaries, applicable class, designation, removal |
| Amendment | Senate Floor Amendment 2 |
|---|---|
| Sponsor | B. Storm |
| Summary | Retain original provisions, except remove KRS 140.070 and 140.080; amend new sections of KRS Chapter 386 regarding qualified dispositions to include valid lien protections; make technical corrections. |
| Index Headings |
Banks And Financial Institutions - Trusts, asset protection, qualification requirements Fiduciaries - Trusts, asset protection, qualification requirements Taxation, Inheritance And Estate - Beneficiaries, applicable class, designation, removal Technical Corrections - SB 50 Wills, Trusts, And Estates - Trusts, qualified dispositions, valid lien, protection |
| Amendment | House Committee Substitute 1 |
|---|---|
| Summary | Retain original provisions, except establish that the court clerk will begin collecting the fees for the recording of a will and order of a name change beginning January 1, 2028; establish that an order of a name change shall not be publicly recorded if the order is sealed or restricted by the issuing court; amend sections relating to the transfer on death of a motor vehicle to make technical corrections relating to electronic records; EFFECTIVE, in part, January 1, 2028. |
| Index Headings |
Circuit Clerks - Recording fees, collection, wills and name change, January 1, 2028 County Clerks - Recording fees, wills and name change, court clerk collection, January 1, 2028 Courts, District - Recording fees, wills, court clerk collection, January 1, 2028 Effective Dates, Delayed - Motor vehicles, transfer on death, January 1, 2028 Motor Vehicles - Transfer on death, procedures, effective January 1, 2028 Motor Vehicles - Transfer on death, technical corrections Wills, Trusts, And Estates - Recording fees, wills, court clerk collection, January 1, 2028 |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | L. Burke |
| Summary | Retain original provisions, except remove provision that requires a child to be adopted prior to the age of 18 and reside with the petitioners prior to the age of 18. |
| Index Headings |
Children And Minors - Inheritance and succession, adoption, restriction, removal Wills, Trusts, And Estates - Adoption, inheritance and succession, restriction, removal |
| Amendment | House Floor Amendment 2 |
|---|---|
| Sponsor | L. Burke |
| Summary | Retain original provisions, except create a new section of KRS Chapter 395 to provide protection for non-probate assets from estate recovery and Medicaid eligibility; create a new section of KRS Chapter 205 to establish that transfers of assets by a non-applicant or community spouse to third party within the 2-year look-back period shall not be treated as assets of an institutionalized spouse under specified circumstances; create a new section of KRS Chapter 392 to establish that an institutionalized spouse shall not be required to exercise a right of election or augmented estate claim and the failure to exercise the right shall not be a waiver, transfer, or failure to pursue resources for Medicaid eligibility purposes; establish limitation based upon federal law; create a new section of KRS Chapter 387 to establish that there is no requirement for an institutional individual or any fiduciary to assert any claim that would jeopardize eligibility for means-tested public benefits; create a new section of KRS Chapter 457 to establish that there is no requirement for an institutionalized individual or fiduciary to assert any claim that would jeopardize eligibility for means-tested public benefits. |
| Index Headings |
Wills, Trusts, And Estates - Medicaid, long-term care benefits, estates, spousal election, exclusion from assets Aged Persons And Aging - Medicaid, long-term care benefits, estates, spousal election, exclusion from assets Medicaid - Long-term care benefits, estates, spousal election, exclusion from assets |
| Amendment | House Floor Amendment 3 |
|---|---|
| Sponsor | D. Elliott |
| Summary | Retain original provisions, except amend KRS 395.140 to establish that a fiduciary bond shall be subscribed to before a notary; remove the requirement that the bond be attested by the clerk of the court; and make technical changes. |
| Index Headings |
Bonds Of Surety - Fiduciary, signature, notary public, establishment Circuit Clerks - Fiduciary bond, clerk attestation, removal Circuit Clerks - Fiduciary bond, notary public, signature, establishment Courts, District - Fiduciary bond, notary public, signature, establishment Fiduciaries - Bond, clerk attestation, removal Fiduciaries - Bond, signature, notary public, establishment Technical Corrections - Fiduciary bond, clerk, retention Wills, Trusts, And Estates - Fiduciary bond, clerk attestation, removal Wills, Trusts, And Estates - Fiduciary bond, notary public, signature, establishment |
Last updated: 3/30/2026 4:42 PM (EDT)