Kentucky Affidavit of Surviving Joint Tenant
County Specific Legal Forms Validated as recently as April 29, 2026 by our Forms Development Team
About the Kentucky Affidavit of Surviving Joint Tenant
How to Use This Form
- Select your county from the list on the left
- 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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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
What Others Like You Are Saying
"This was the first time I have used Deeds.com and I must say that I am extremely impressed. The pers…"
"Great! Love the platform. Very helpful!!"
"Straightforward instructions and very quick turnaround."
"This was Awesome!"
"Great service! Recording was smooth and swiftly performed. Deeds.com is an excellent service."
Common Uses for Affidavit of Surviving Joint Tenant
- Remove a deceased joint tenant from a property title
- Clarify property ownership after a co-owner passes away
- Clear title defects caused by a missing death record
- Confirm the passing of a trustor or grantor for title purposes
- Document the death of a property owner for public record
Compare other Kentucky deed forms and documents
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.