Kentucky Affidavit of Surviving Joint Tenant

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.

Deeds.com Kentucky Affidavit of Surviving Joint Tenant Forms Have Been Updated as Recently as Monday March 11, 2019

4.7 out of 5 (362 Reviews)

What others like you are saying:

Jing H. said: Excellent work. I have recommended some friends to your website and will continue. Thanks.

Reply from Staff: Thank you Jing. Have a fantastic day!

Sheryl B. said: Great forms. Just what I needed.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

dill h. said: easy-peasy

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Dale A C. said: Deeds.com was a very efficient and simple website to use in preparing my documents needed to complete a real estate closing. I highly recommend this website, as it is easy to use, inexpensive, and effective.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

David C. said: I needed to file an affidavit of succession. I downloaded the forms and filled in the blanks. The instructions and example sheet were very helpful. I got the paper recorded with the county today and all went smoothly. Good product.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Patricia D. said: It worked great- I had a little trouble at first with the site, figuring out where to do what, but the form was much better than the one we purchased at Staples, loved being able to fill out with the computer. We did need the other form as per the screen prior to ordering but couldn't figure out which one. The ladies at the recorders were great too.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!