Transfer-on-death deed (Howell-pattern)
Passes your home straight to the person you name at your death — skipping probate. You keep full possession and use of it for life. Attorney-drafted.
What it is
A transfer-on-death deed lets you direct that real property — typically your home — passes to a named beneficiary at your death, outside the probate estate.
As of Kentucky's 2026 legislative session, Kentucky has not enacted the Uniform Real Property Transfer on Death Act (URPTODA); there is no statutory "TOD deed" short form for real property in Kentucky law. The pass-at-death function is achieved instead through a custom-drafted deed combining a retained life estate (with full present possession and use during your lifetime) with a deferred-possession beneficiary clause — the structure validated in Howell v. Herald, 197 S.W.3d 505 (Ky. 2006), a published Kentucky Supreme Court decision.
What's in it
Property identification and legal description verification. Retained life estate clause. Deferred-possession beneficiary clause per Howell-pattern. Recording-ready format per KRS Chapter 382.
You separately pay the recording fee to the county clerk where the property is located.
Who needs it
Kentucky law requires that deeds be prepared by a licensed Kentucky attorney — established in Frazee v. Citizens Fidelity Bank & Trust Co., 393 S.W.2d 778 (Ky. 1964), and consistently reaffirmed in Federal Intermediate Credit Bank v. Kentucky 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) (court reaffirmed deed preparation as the practice of law while addressing lay-closing-agent questions). Backed by KRS 524.130 (unauthorized practice of law) and SCR Rule 5.5. We do not provide a self-execute template for any deed.
The $99 covers Johnson Legal's intake processing and D. Elton Johnson's drafting and verification of the specific deed for your Kentucky property — recorded-ready format per KRS Chapter 382, structured under the Howell-pattern (retained life estate with deferred-possession beneficiary clause).
Kentucky authority
Primary authority (mechanism): Howell v. Herald, 197 S.W.3d 505 (Ky. 2006) — published Kentucky Supreme Court decision validating a deed that reserves a life estate and conveys a present remainder interest with possession deferred to the grantor's death (as a completed inter vivos conveyance, the remainder is not a probate asset of the grantor); turns on grantor's intent to part with dominion and control over the remainder interest. Supporting statute: KRS 381.040 (estates may commence in future by deed). Attorney-drafting requirement: Frazee v. Citizens Fidelity Bank & Trust Co., 393 S.W.2d 778 (Ky. 1964), 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 (UPL statutory framework); SCR Rule 5.5. Note: As of Kentucky's 2026 legislative session, Kentucky has not enacted the Uniform Real Property Transfer on Death Act (URPTODA) for real property (SB 34 (2026 RS) did not become law); KRS 391.300–391.360 governs multi-party financial accounts (P.O.D. accounts), not real-property TOD deeds.
What happens after you start
Your draft is assembled from your answers, reviewed by D. Elton Johnson before delivery, and sent to you via secure one-time-use download link. The delivery includes the document itself, a Kentucky-specific wet-ink execution instructions packet, and a receipt.
The information on this page is general — it is not legal advice for your specific situation. Bluegrass Cornerstone is a service of Johnson Legal PLLC, a Kentucky law firm. When you engage Cornerstone, you engage Johnson Legal PLLC under a standard attorney-client relationship.
