ChangeBridge / Kentucky / SB50 Passed SB50 Senate Bill Passed 2026-03-05

AN ACT relating to the disposition of property.

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.

Bill Details

State Kentucky

Session 2026 Regular Session

Chamber Senate

Official Source apps.legislature.ky.gov/record/26RS/sb50.html

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Sponsors

Brandon Storm (Sen - R) Robert Stivers (Sen - R)

Action History

2026-03-31 H posted for passage in the Regular Orders of the Day for Wednesday, April 01 2026 2026-03-31 H floor amendment (4) filed to Committee Substitute 2026-03-27 H floor amendment (3) filed to Committee Substitute 2026-03-26 H floor amendment (2) filed to Committee Substitute 2026-03-26 H 2nd reading, to Rules 2026-03-25 H floor amendment (1) filed to Committee Substitute 2026-03-25 H reported favorably, 1st reading, to Calendar with Committee Substitute (1) 2026-03-24 H to Judiciary (H) 2026-03-05 H to Committee on Committees (H) 2026-03-05 H received in House 2026-03-04 S passed 36-0 with Floor Amendment (2) 2026-03-04 S floor amendment (1) withdrawn 2026-03-04 S 3rd reading 2026-03-03 S posted for passage in the Regular Orders of the Day for Wednesday, March 04 2026 2026-03-03 S floor amendment (2) filed 2026-03-02 S floor amendment (1) filed 2026-02-23 S returned to Rules 2026-02-23 S taken from Appropriations & Revenue (S) 2026-02-20 S recommitted to Appropriations & Revenue (S) 2026-02-20 S 2nd reading, to Rules 2026-02-19 S reported favorably, 1st reading, to Calendar 2026-02-17 S to Judiciary (S) 2026-02-17 S to Committee on Committees (S) 2026-02-17 S introduced in Senate

Votes

2026-03-04 Senate: Third Reading RSN# 3879 Yea: 36 Nay: 0

Committee Referrals

2026-02-17 S Committee on Committees 2026-02-17 S Judiciary 2026-02-20 S Rules 2026-02-20 S Appropriations and Revenue 2026-02-23 S Rules 2026-03-05 H Committee On Committees 2026-03-24 H Judiciary 2026-03-26 H Rules

Amendments

0000-00-00 Senate Floor Amendment 0000-00-00 Senate Floor Amendment 0000-00-00 House Committee Substitute 0000-00-00 House Floor Amendment 0000-00-00 House Floor Amendment 0000-00-00 House Floor Amendment 0000-00-00 House Floor Amendment

Bill Text Versions

0000-00-00 Introduced 0000-00-00 Engrossed

Subjects

Local Mandate Banks and Financial Institutions Bonds of Surety Children and Minors Circuit Clerks County Clerks Courts, District Fiduciaries Motor Vehicles Real Estate Sheriffs Short Titles and Popular Names Taxation, Inheritance and Estate Uniform Laws Wills, Trusts, And Estates Legislative data powered by LegiScan (CC BY 4.0)