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State rules · Kentucky

Kentucky: estate, probate and Medicaid rules in one place

What applies in Kentucky, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Kentucky have a state estate tax?

State estate tax: No (KRS 140.070 (rates & classes, as amended by 2026 Ky. Acts ch. 198 § 40, eff. 2026-04-27, applying to deaths on/after 2026-01-01); KRS 140.080 (exemptions)).

Does Kentucky have an inheritance tax?

Inheritance tax: Yes (KRS 140.070 (rates & classes, as amended by 2026 Ky. Acts ch. 198 § 40, eff. 2026-04-27, applying to deaths on/after 2026-01-01); KRS 140.080 (exemptions)).

Can you use a transfer-on-death deed in Kentucky?

Transfer-on-death deed for real estate: None — not available for real property. No TOD-deed statute — Kentucky has NOT enacted the URPTODA (no KRS ch. 394B in the current code); confirm with the county clerk

What is the Medicaid look-back period in Kentucky?

Look-back period: 60 months (Kentucky Non-MAGI Medicaid Manual, Volume IVA; Relevant 2026 standards and transfer sections revised March 9, 2026).

Does Kentucky tax Social Security benefits?

Social Security benefits: pending. Primary-source classification has not yet been completed for this income type.

State estate tax

Estate-tax dataset 2026.v2

Inheritance tax

Estate-tax dataset 2026.v2

Class A (Surviving spouse, parents, children (incl. adopted/step), grandchildren, siblings (incl. half-siblings), and nephews & nieces (incl. of the half blood)) — top rate
0%Verified
  • Fully exempt. Nephews and nieces (including of the half blood) were moved into Class A for deaths on or after January 1, 2026 by 2026 Ky. Acts ch. 198, sec. 40 (KRS 140.070); previously Class B.

Source: KRS 140.070 (rates & classes, as amended by 2026 Ky. Acts ch. 198 § 40, eff. 2026-04-27, applying to deaths on/after 2026-01-01); KRS 140.080 (exemptions) · Checked July 24, 2026

Class A (Surviving spouse, parents, children (incl. adopted/step), grandchildren, siblings (incl. half-siblings), and nephews & nieces (incl. of the half blood)) — exemption
No value recorded

The pinned estate-tax dataset holds no exemption amount for this class.

Class B (Daughters-in-law, sons-in-law, aunts, uncles, and certain great-grandchildren) — top rate
16%Verified
  • $1,000 exemption; rates 4%–16% on the excess (KRS 140.070). For deaths on/after 1/1/2026, nephews and nieces are no longer Class B — they are exempt Class A (2026 Ky. Acts ch. 198).

Source: KRS 140.070 (rates & classes, as amended by 2026 Ky. Acts ch. 198 § 40, eff. 2026-04-27, applying to deaths on/after 2026-01-01); KRS 140.080 (exemptions) · Checked July 24, 2026

Class B (Daughters-in-law, sons-in-law, aunts, uncles, and certain great-grandchildren) — exemption
$1,000Verified

Source: KRS 140.070 (rates & classes, as amended by 2026 Ky. Acts ch. 198 § 40, eff. 2026-04-27, applying to deaths on/after 2026-01-01); KRS 140.080 (exemptions) · Checked July 24, 2026

Class C (All others (cousins, friends, corporations, etc.)) — top rate
16%Verified
  • $500 exemption; 6% to $10k, 8% $10k-$20k, 10% $20k-$30k, 12% $30k-$45k, 14% $45k-$60k, 16% over $60k (KRS 140.070).

Source: KRS 140.070 (rates & classes, as amended by 2026 Ky. Acts ch. 198 § 40, eff. 2026-04-27, applying to deaths on/after 2026-01-01); KRS 140.080 (exemptions) · Checked July 24, 2026

Class C (All others (cousins, friends, corporations, etc.)) — exemption
$500Verified

Source: KRS 140.070 (rates & classes, as amended by 2026 Ky. Acts ch. 198 § 40, eff. 2026-04-27, applying to deaths on/after 2026-01-01); KRS 140.080 (exemptions) · Checked July 24, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
None — not available for real propertyNot primary-verified

No TOD-deed statute — Kentucky has NOT enacted the URPTODA (no KRS ch. 394B in the current code); confirm with the county clerk

· Checked July 26, 2026

Controlling statute
Not primary-verified

No TOD-deed statute — Kentucky has NOT enacted the URPTODA (no KRS ch. 394B in the current code); confirm with the county clerk

· Checked July 26, 2026

Small-estate procedure

Current rule
$30,000 exemption for surviving spouse or children; court order dispensing with administrationVerified

Source: KRS 391.030 / 395.455 · Effective: current · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

Special income limit
$2,982 per monthVerified
  • Applies to: individual applicant.

Source: Kentucky Non-MAGI Medicaid Manual, Volume IVA · Effective: Relevant 2026 standards and transfer sections revised March 9, 2026 · Checked November 14, 2026

Aged, blind, or disabled resource allowance for one person
$2,000Verified
  • Applies to: one person.

Source: Kentucky Non-MAGI Medicaid Manual, Volume IVA · Effective: Relevant 2026 standards and transfer sections revised March 9, 2026 · Checked November 14, 2026

Aged, blind, or disabled resource allowance for two people
$4,000Verified
  • Applies to: two-person household.

Source: Kentucky Non-MAGI Medicaid Manual, Volume IVA · Effective: Relevant 2026 standards and transfer sections revised March 9, 2026 · Checked November 14, 2026

Community-spouse resource allowance
$32,532 minimum to $162,660 maximumVerified
  • Applies to: institutionalized applicant with a community spouse.

Source: Kentucky Non-MAGI Medicaid Manual, Volume IVA · Effective: Relevant 2026 standards and transfer sections revised March 9, 2026 · Checked November 14, 2026

Minimum monthly maintenance-needs allowance
$2,705 per monthVerified
  • Applies to: institutionalized applicant with a community spouse.

Source: Kentucky Non-MAGI Medicaid Manual, Volume IVA, MS 1750 Allocations, Allowances, and Standards · Effective: MS 1750, R. 8/27/26: minimum $2,705 effective 7/1/2026 · Checked November 14, 2026

Maximum monthly maintenance-needs allowance
$4,066.50 per monthVerified
  • Applies to: institutionalized applicant with a community spouse.

Source: Kentucky Non-MAGI Medicaid Manual, Volume IVA · Effective: Relevant 2026 standards and transfer sections revised March 9, 2026 · Checked November 14, 2026

Home-equity limit
$752,000Verified
  • Applies to: applicant subject to the home-equity rule and its spouse or qualifying-child exceptions.

Source: Kentucky Non-MAGI Medicaid Manual, Volume IVA · Effective: Relevant 2026 standards and transfer sections revised March 9, 2026 · Checked November 14, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 monthsVerified

Source: Kentucky Non-MAGI Medicaid Manual, Volume IVA · Effective: Relevant 2026 standards and transfer sections revised March 9, 2026 · Checked September 5, 2026

Transfer-penalty divisor
$325.41 per dayVerified

Source: Kentucky Non-MAGI Medicaid Manual, Volume IVA · Effective: Relevant 2026 standards and transfer sections revised March 9, 2026 · Checked September 5, 2026

How the state administers the penalty
The penalty affects nursing-facility or waiver vendor payment and begins on the later of the transfer date or the date the person is otherwise eligible and receiving the relevant institutional level of care. Kentucky applies its daily calculation to fractional periods.Verified

Source: Kentucky Non-MAGI Medicaid Manual, Volume IVA · Effective: Relevant 2026 standards and transfer sections revised March 9, 2026 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Kentucky recovers specified institutional, waiver, related medical, Medicare cost-sharing, premium, and capitation payments from the probate estate and from legal interests passing through survivorship, life estate, living trust, tenancy in common, or another arrangement.Verified

Source: Kentucky administrative regulation 907 KAR 1:585 · Effective: Corrected December 6, 2019; regulation expiration shown as December 6, 2026 · Checked November 14, 2026

Controlling authority
Kentucky administrative regulation 907 KAR 1:585 governs estate recovery under KRS 194A.030, 194A.050, and 205.520.Verified

Source: Kentucky administrative regulation 907 KAR 1:585 · Effective: Corrected December 6, 2019; regulation expiration shown as December 6, 2026 · Checked November 14, 2026

Exemptions and deferrals
Recovery does not proceed while a surviving spouse or a surviving child who is under 21, blind, or disabled remains protected. Qualified long-term-care partnership resources are excluded, and recovery may be waived when the estate is $10,000 or less or collection would cost more than it returns.Verified

Source: Kentucky administrative regulation 907 KAR 1:585 · Effective: Corrected December 6, 2019; regulation expiration shown as December 6, 2026 · Checked November 14, 2026

Hardship waiver
Hardship may apply when the estate asset is the applicant's sole income-producing family farm or business, excluding a rental residence. The written request is due within 30 days; the department issues a decision within 30 days and provides an appeal path.Verified

Source: Kentucky administrative regulation 907 KAR 1:585 · Effective: Corrected December 6, 2019; regulation expiration shown as December 6, 2026 · Checked November 14, 2026

Lien practice
Kentucky does not impose liens against property. Recovery is made by a claim against the estate after the member's death.Verified

Source: Kentucky Medicaid State Plan, Attachment 4.17-A, Liens and Adjustments or Recoveries · Effective: TN No. 03-014; approved November 19, 2003; effective 9/01/03 · Checked November 14, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
Pending

Primary-source classification has not yet been completed for this income type.

Public pensions
Pending

Primary-source classification has not yet been completed for this income type.

Private pensions
Pending

Primary-source classification has not yet been completed for this income type.

IRA and 401(k) distributions
Pending

Primary-source classification has not yet been completed for this income type.

Military retirement pay
Pending

Primary-source classification has not yet been completed for this income type.

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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