Kentucky - Fayette County Affidavit of Surviving Joint Tenant Forms

Included Forms

All Fayette County specific forms and documents listed below are included in your immediate download package:

Affidavit of Surviving Joint Tenant Form - Fayette County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 12/20/2022

Affidavit of Surviving Joint Tenant Guide - Fayette County

Line by line guide explaining every blank on the form.
Included document last updated 2/17/2023

Completed Example of the Affidavit of Surviving Joint Tenant Document - Fayette County

Example of a properly completed form for reference.
Included document last updated 1/20/2023

Included Supplemental Documents

The Following Kentucky and Fayette County supplemental forms are included as a courtesy with your order.

Consideration Certificate (Kentucky Document)

Consideration Certificate Exemptions (Kentucky Document)

Transfer Tax Information & Exemptions (Kentucky Document)

Kentucky Statute 132.810 Homestead exemption -- Application -- Qualification. (Kentucky Document)

Application for Exemption (Kentucky Document)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by Kentucky or Fayette County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Fayette County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Fayette County Affidavit of Surviving Joint Tenant forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Affidavit of Surviving Joint Tenant forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Fayette County that you need to transfer you would only need to order our forms once for all of your properties in Fayette County.
• Are these forms guaranteed to be recordable in Fayette County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fayette County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Affidavit of Surviving Joint Tenant Forms:

• Fayette County

Including:

• Lexington

What is the 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.

Our Promise

The documents you receive here will meet, or exceed, the Fayette County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Fayette County Affidavit of Surviving Joint Tenant form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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