Governor Andy Beshear recently signed Senate Bill 50 into law, ushering in one of the most significant updates to Kentucky inheritance and estate administration laws in recent years. Effective July 2026, the legislation expands spousal rights, streamlines probate procedures and authorizes electronic wills and other estate planning documents. Together, these changes modernize the Commonwealth’s legal framework and will affect how many Kentuckians plan, transfer and administer assets. This legal alert highlights several of the bill’s most significant provisions.
The new law increases the share of assets which will pass to a surviving spouse in the absence of a will. Property will now pass to the spouse in its entirety if the deceased has no descendants. Stepchildren are also now included in the list of potential recipients. These changes will substantially impact the passage of property in the absence of a last will and testament or trust agreement. Additionally, a surviving spouse’s statutory right to claim a share of a deceased spouse’s property has been broadened to include accounts which pass by beneficiary designation, transfer on death designation, and some assets held in trust.
The process of opening and administering an estate has been substantially modified. Appearances at court for the appointment of a personal representative are no longer necessary, if the necessary forms are filed with the court. The time period for Executors to file an inventory with the court has been increased to ninety (90) days from the date of probate. However, the disclosure of assets within those inventories are now confidential and filed under seal. In practice, this means that the size and nature of a deceased individual’s assets will no longer be available to the general public. The new law will also permit the administration of an estate to be dispensed after the estate has already opened. This will allow an estate to be easily closed if an executor discovers formal estate administration was not necessary.
The new law codifies the Electronic Wills Act (The “Act”). The Act provides for the creation, execution, and documentation of Last Wills and other nontestamentary documents via electronic signature and electronic meetings. The requirements remain quite rigorous; two witnesses must contemporaneously witness the signing, even if on a video call. These witnesses must be located in the Commonwealth and remain in the Commonwealth for a reasonable period of time. The Act also applies to other nontestamentary documents, which have been defined to include powers of attorney, trust agreements, and advance directives. Properly followed, the Act will increase access to estate planning across the Commonwealth. However, it is not hard to imagine that misuse of the Act may create opportunities for fraud.
This is only a small snapshot of various changes implemented by Senate Bill 50. Further changes impact creditor’s rights on Kentucky trust agreements, provide for decanting of trusts under the Kentucky Trust Code, and even permit transfer on death designations for automobiles. We encourage you to contact your Dinsmore attorney to discuss your specific situation in detail. Please keep an eye out for future legal alerts outlining other aspects of Senate Bill 50.