An affidavit of descent (alternately, affidavit of heirship) under KRS 382.120 establishes a source of title for a grantor who is transferring property he or she acquired from an intestate estate.

The affidavit must be filed before the grantor can record a deed conveying the subject property. Pursuant to Kentucky statute, the affiant (person making the sworn statements contained within the affidavit) may be the grantor or any one (1) of the heirs at law or next of kin of the ancestor of the grantor, or of two (2) residents of the Commonwealth of Kentucky.

The affidavit must recite the ancestor's name, date of death, and place of residence, as well as information regarding the ancestor's surviving spouse, if applicable. In addition, the affidavit must state that the ancestor died intestate (without a will), and contain a list of the names, ages, and addresses of each of the ancestor's heirs at law and next of kin, and include everyone's relationship to the ancestor and the interest in real property he or she inherited by the ancestor's death.

The affiant must sign the document before a notary public before filing in the office of the county clerk of the county wherein the subject real property is situated.

Contact a lawyer with questions about Kentucky legal documents or other inquiries related to probate.

(Kentucky Affidavit of Descent Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Affidavit of Descent

Distribute real estate to beneficiaries of an estate
Notify third parties of a trust's interest in real property
Document a change of trustee for properties held in trust
Distribute inherited property among multiple heirs
Convey property as directed by a will or court order
Record a trust's ownership interest with the county
Transfer property from a deceased person's estate

Compare other Kentucky deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Mineral Deed Mineral Deed with Quitclaim Covenants Affidavit of Surviving Joint Tenant Executor Deed Administrator Deed Limited Power of Attorney for the Purchase of Real Property Limited Power of Attorney for the Sale of Property Durable Power of Attorney Notice of Furnishing Notice to Owner Mechanics Lien Discharge of Lien Discharge of Lien by Bond Partial Conditional Lien Waiver Partial Unconditional Lien Waiver Final Conditional Lien Waiver Final Unconditional Lien Waiver Lis Pendens Lis Pendens Release Disclaimer of Interest Certificate of Trust Contract for Deed and Promissory Note Memorandum of Contract Full Release of Memorandum of Contract Mortgage and Promissory Note Deed of Release for release of Mortgage Affidavit of Abandonment

Important: County-Specific Forms

Our affidavit of descent forms are specifically formatted for each county in Kentucky.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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