Real property ownership and conveyance is governed by Title XXII of the Kentucky Revised Statutes.

Kentucky's standard version of joint tenancy resembles tenancy in common, in that "when a joint tenant dies, the joint tenant's part of the joint estate, real or personal, shall descend to the joint tenant's heirs, or pass by devise, or go to the joint tenant's personal representative, subject to debts, curtesy, dower, or distribution" (KRS 318.120). Basically, this means that each joint tenant owns an individual share of the whole property.

Section 318.130 provides the rules for survivorship tenancy, in which the joint tenants share undivided rights to the whole property. By stating the intent to vest ownership as joint tenants with right of survivorship, when one owner dies, that portion is distributed equally among the survivors. Joint tenancy with right of survivorship is common between spouses.

In order to formalize the "automatic" transfer that occurs from a deceased joint tenant, many co-owners choose to record an affidavit of surviving joint tenant, accompanied by a certified copy of the decedent's death certificate. Recording such an affidavit provides notice to the public and any future purchasers about the updated information. It also maintains a clear chain of title (ownership history), which should reduce some of the complexity from future sales or conveyances of the real property.

Even though executing and recording an affidavit of surviving joint tenant clears the title, the deceased owner's name remains on the deed. The only way to remove that name is by executing and recording a new deed, preferably including a copy of the recorded affidavit.

(Kentucky Affidavit of Surviving Joint Tenant 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 Surviving Joint Tenant

Clarify property ownership after a co-owner passes away
Clear title defects caused by a missing death record
Establish the identity of the surviving property owner
Update county records to reflect the death of a property owner
Establish legal standing to manage a decedent's real property
Provide proof needed to refinance after a joint owner's death

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 Executor Deed Administrator Deed Affidavit of Descent 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 surviving joint tenant 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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