Posted in Triplett & Carothers on July 1, 2026

Kentucky recently passed Senate Bill 50, one of the most significant updates to our state’s estate and trust laws in decades.

Here is a plain-English summary of what changed and why it may matter to you.

What Did SB 50 Do?

SB 50 modernized Kentucky law in several important ways:

Electronic Wills. Kentucky now formally recognizes electronic wills — documents signed and witnessed digitally. While we still generally recommend traditional signed and witnessed wills for most clients, this change reflects the evolving world we live in.

Stronger Protections for Surviving Spouses. Under the new law, when a married person passes away, their surviving spouse now has legal rights not just to what was left in the will — but also to a share of retirement accounts (like IRAs and 401(k)s), transfer-on-death (TOD) investment accounts, and payable-on-death (POD) bank accounts. In other words, these accounts are no longer completely “invisible” to a surviving spouse’s legal share of the estate.

Asset Protection Trusts. Kentucky now allows a new type of trust — sometimes called a “self-settled” trust — that can provide greater protection of your assets from future creditors, under certain conditions. This opens planning opportunities that were not previously available in Kentucky.

Trust Flexibility. The new law also adopts updated rules for how trusts can be managed and modified over time, giving trustees and beneficiaries more flexibility and clearer guidelines.

Vehicle Transfers. A new process allows vehicles to transfer directly to a named beneficiary at death, without going through probate — and without triggering sales tax on that transfer.

⚠️ Important Notice for Married Clients

Please read this if you are married and have a retirement account (IRA, 401(k), pension, etc.) or a TOD/POD account that names someone other than your spouse as the beneficiary — for example, children from a prior relationship, a sibling, or another family member.

Under Kentucky’s new law, your surviving spouse may now have a legal right to claim a portion of those accounts, even though you named someone else as the beneficiary. This could result in an outcome that is different from what you intended — and could create conflict among your loved ones after you are gone.

This does not mean you cannot leave these assets to someone other than your spouse. It does mean that additional planning documents may be needed to carry out your wishes clearly and legally. A properly drafted agreement or trust can protect everyone involved and make sure your intentions are honored.

We encourage you to contact our office if this situation applies to you. This is exactly the kind of issue we help clients navigate, and a conversation now can prevent significant problems later.