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 Wednesday June 12, 2019

4.7 out of 5 (646 Reviews)

What others like you are saying:

Carol F. said: Instructions were easy to follow and it was reasonable

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

Resa J. said: Seamless. Excellent.

Reply from Staff: Thank you for your feedback Resa. Have a wonderful day!

Marion R. said: YOU WERE NOT ABLE TO PROVIDE SERVICE IN THE COUNTY WE NEEDED IN NEW MEXICO. YOUR RESPONSE WAS QUICK SO I APPRECIATE THAT. THANK YOU

Reply from Staff: Thank you for your feedback Marion.

Beverly A. said: The forms are incredibly easy to fill out. Thanks for the examples!

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

James W. said: It turned out that I was able to search for what I needed on the local county website, which is what your site suggested be tried. I was impressed with your honesty and practical instructions for searches your site gave. I'm pretty sure I'll be back.

Reply from Staff: Thank you for your feedback James. Glad to hear we were able to steer you in the right direction.

Linda W. said: Very easy to use. They had the exact document I was looking for.

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