{"data":{"id":"us-ky/krs-186a.037","jurisdiction":"us-ky","citation":"KRS 186A.037","heading":"Definitions for section -- Transfer of motor vehicle upon death --","body":"Administrative regulations -- Revocation or changes.  (Effective January 1,\n2028)\n(1) As used in this section:\n(a) \"Beneficiary\" means a person designated to receive title to a v ehicle upon the\ndeath of the preceding owner or joint owners;\n(b) \"Beneficiary designation form\" means a form that contains the intention of a\npresent owner or joint owners of a vehicle to name one (1) beneficiary to\nreceive title to the vehicle upon the d eath of the owner or last surviving joint\nowner of the vehicle;\n(c) \"Joint owner\":\n1. Means an individual who owns a vehicle with one (1) or more other\nindividuals as joint tenants with rights of survivorship; and\n2. Does not include an individual who owns a vehicle with one (1) or more\nother individuals as tenants in common;\n(d) \"Owner\" means an individual who owns a vehicle; and\n(e) \"Vehicle\" includes any motor vehicle, motorcycle, motor home, trailer, or\nother item for which a certificate of title is issued by the cabinet.\n(2) The cabinet shall promulgate administrative regulations in accordance with KRS\nChapter 13A to:\n(a) Provide a beneficiary designation form that allows the owner or joint owners\nof a vehicle to provide for the transfer of the vehicle's title to one (1) named\nbeneficiary upon the death of the owner or upon the death of all joint owners\nof the vehicle. The form shall include but not be limited to fields for the\nfollowing information:\n1. The manufacturer, model, year, and vehicle identification number of the\nvehicle;\n2. The name of the owner or every joint owner of the vehicle;\n3. The words \"transfer on death  to,\" or the abbreviation \"TOD,\" followed\nby the name of the beneficiary; and\n4. The signature of the owner of the vehicle or of each joint owner of the\nvehicle; and\n(b) Require the county clerk to record the name of the beneficiary on the title\nupon receipt of the fee under KRS 186A.130.\n(3) The cabinet shall make beneficiary forms available:\n(a) In each county clerk's office; and\n(b) On the cabinet's public website.\n(4) Upon the death of the owner, or the last surviving joint owner, of a vehicle for\nwhich a beneficiary has been designated under subsection (2) of this section, the\nbeneficiary shall present to the county clerk:\n(a) A death certificate of the owner or last surviving joint owner of the vehicle;\n(b) Proof of payment of ad valorem taxes on the v ehicle for the current year, or if\nthe taxes have not been paid, the beneficiary may elect to pay the taxes to\nfacilitate the transfer;\n(c) The paper title, or duplicate title, if the title is not held in electronic format;\nand\n(d) The fee required under KRS 186A.130 for the certificate of title transfer.\n(5) Upon presentation of the documents as required under subsection (4) of this section,\nthe county clerk, subject to any security interest in the vehicle, shall issue a new\ncertificate of title to the beneficiary.\n(6) During the lifetime of the owner of the vehicle for which a beneficiary has been\ndesignated or before the death of the last surviving joint owner of the vehicle:\n(a) The signature or consent of the beneficiary shall not be required for any\ntransaction relating to the vehicle; and\n(b) The owner or surviving joint owners of the vehicle may revoke or change the\nbeneficiary designation at any time by:\n1. Selling the vehicle with proper transfer and delivery of the certificate of\ntitle to another person; or\n2. Properly executing a subsequent beneficiary designation form that\nremoves the current beneficiary or designates a new beneficiary in\nconformity with subsection (2) of this section.\n(7) Upon the death of the owner or the last surviving joint ow ner of a vehicle for which\na beneficiary has been designated, the interest of the beneficiary in the vehicle shall\nbe subject to any contract of sale, assignment, or ownership or security interest to\nwhich the owner or joint owners of the vehicle were subject during their lifetime.\n(8) Except as provided in subsection (6)(b) of this section, the designation of a\nbeneficiary shall not be changed or revoked by will, codicil, or by other instrument.\n(9) A beneficiary may disclaim the interest in the motor vehi cle on a form promulgated\nby the Transportation Cabinet in accordance with KRS Chapter 13A.\n(10) The transfer on death of a vehicle under this section shall be a nontestamentary\ntransfer and shall not be subject to any tax under KRS 138.460.","path":["KRS Chapter 186A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58330","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:39Z","sha256":"d4ee6ead9f4d8f9efd9c415b56b22b8ec208484338e9bcb1226e63b183e76759","source_id":"us-ky","stale":false,"prev":"us-ky/krs-186a.035","next":"us-ky/krs-186a.040"},"notice":"GroundRules: Original legal text. Not legal advice."}