Download as PDF
391.360 Written provisions for nonprobate transfer on death.
(1)
(2)
A written provision for a nonprobate transfer on death in an insurance policy,
contract of employment, bond, mortgage, promissory note, certified or uncertified
security account agreement, custodial agreement, deposit agreement, compensation
plan, pension plan, individual retirement plan, employee benefit plan, trust,
conveyance, deed of gift, marital property agreement, or other written instrument of
a similar nature is nontestamentary. These written provisions shall include, but not
be limited to, written provisions which provide that:
(a) Money or other benefits due to, controlled, or owned by a decedent before
death shall be paid after the decedent's death to a person whom the decedent
designates either in the instrument or in a separate writing, including a will,
executed before, at the same time, or after the instrument is executed;
(b) Money due or to become due under the instrument shall cease to be payable in
the event of the death of the promisee or the promissor before payment or
demand; or
(c) Any property, controlled by or owned by the decedent before death, which is
the subject of the instrument shall pass to a person the decedent designates
either in the instrument or in a separate writing, including a will, executed
before, at the same time, or after the instrument is executed.
This section shall not limit the rights of creditors under other laws of this state.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 415, sec. 11, effective July 15, 1998. -- Created
1976 Ky. Acts ch. 218, sec. 38.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.