Real property transfer planning

What this tool does

Kentucky has multiple non-probate paths for passing real property to the people you choose — survivorship deeds, life-estate deeds with deferred-possession beneficiary clauses (the Howell pattern), will-based transfers, and others. Each is right for some situations and wrong for others.

This decision-tree triage tool walks you through four short questions about your current ownership, your beneficiary goals, your marital status, and the property type, then resolves to the specific Kentucky-grounded instrument that fits your situation. The system explains what each statutory term means; your Johnson Legal attorney reviews and confirms before any drafting begins.

What you might be routed to

Survivorship deed — joint ownership with right of survivorship under KRS 381.130. The surviving co-owner takes the property automatically at the first death, outside probate.

Life-estate deed (Howell-pattern) — a retained life estate with deferred-possession beneficiary clause, validated in Howell v. Herald, 197 S.W.3d 505 (Ky. 2006). You keep full present possession during your lifetime; the named beneficiary takes at your death outside probate. This is Kentucky's functional equivalent of a TOD deed (Kentucky did not adopt URPTODA).

Will-based transfer — real property passes through probate per the will under KRS 394.040 et seq. Sometimes the right choice when you want flexibility, conditional gifts, or testamentary trusts.

Attorney consultation — for situations where the right instrument depends on facts the tree can't fully capture (e.g., out-of-state property, mineral rights, ongoing litigation, complex blended-family arrangements).

Why this is free

The triage tool itself costs nothing — Johnson Legal earns its fee on the specific instrument you ultimately need (e.g., $99 for a Howell-pattern life-estate deed; standard fees for survivorship deeds; bundled with will preparation if will-based). The triage helps you spend that fee on the right instrument the first time.

Important: per Kentucky law, the deed itself must be drafted by a licensed Kentucky attorney (Frazee v. Citizens Fidelity Bank & Trust Co., 393 S.W.2d 778 (Ky. 1965), reaffirmed in Federal Intermediate Credit Bank v. Ky. Bar Ass'n, 540 S.W.2d 14 (Ky. 1976) and Countrywide Home Loans, Inc. v. Ky. Bar Ass'n, 113 S.W.3d 105 (Ky. 2003); KRS 524.130; SCR Rule 5.5). The tree captures your facts; Elton Johnson drafts and signs off on the actual deed.