Transfer-on-death deed (Howell-pattern)

A non-probate transfer for Kentucky real property — attorney-drafted.

Kentucky framework

Kentucky has not adopted a discrete URPTODA short form. The TOD-deed function is achieved through a custom-drafted deed combining a retained life estate with a deferred-possession beneficiary clause — the structure validated in Howell v. Herald, 197 S.W.3d 505 (Ky. 2006). Drafting must be performed by a licensed Kentucky attorney per Frazee v. Citizens Fidelity Bank & Trust Co., 393 S.W.2d 778 (Ky. 1965).

What this document does

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.

Kentucky has not adopted the Uniform Real Property Transfer on Death Act (URPTODA). There is no discrete "TOD deed" short form in Kentucky law. The 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.

Why this is bundled with attorney drafting

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. 1965), 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 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).

What's included

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.

Kentucky statute

Kentucky authority

Primary authority (mechanism): Howell v. Herald, 197 S.W.3d 505 (Ky. 2006) — published Kentucky Supreme Court decision validating the retained-life-estate-with-deferred-possession structure as a non-probate real-property transfer; 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. 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 (UPL statutory framework); SCR Rule 5.5. Note: Kentucky has not adopted the Uniform Real Property Transfer on Death Act (URPTODA); 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 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.

$99Contact for attorney drafting