Marshall County Affidavit of Surviving Joint Tenant Form (Kentucky)

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

Affidavit of Surviving Joint Tenant Form

Marshall County Affidavit of Surviving Joint Tenant Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Marshall County compliant document last validated/updated 6/12/2024

Affidavit of Surviving Joint Tenant Guide

Marshall County Affidavit of Surviving Joint Tenant Guide

Line by line guide explaining every blank on the form.
Included Marshall County compliant document last validated/updated 6/7/2024

Completed Example of the Affidavit of Surviving Joint Tenant Document

Marshall County Completed Example of the Affidavit of Surviving Joint Tenant Document

Example of a properly completed form for reference.
Included Marshall County compliant document last validated/updated 6/10/2024

When using these Affidavit of Surviving Joint Tenant forms, the subject real estate must be physically located in Marshall County. The executed documents should then be recorded in the following office:

Marshall County Clerk

1101 Main St, Benton, Kentucky 42025

Hours: 8:30 to 4:30 M-F

Phone: (270) 527-4740

Local jurisdictions located in Marshall County include:

  • Benton
  • Calvert City
  • Gilbertsville
  • Hardin

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Marshall County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Marshall County using our eRecording service.
Are these forms guaranteed to be recordable in Marshall County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Marshall County including margin requirements, content requirements, font and font size requirements.

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 Marshall County that you need to transfer you would only need to order our forms once for all of your properties in Marshall County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Kentucky or Marshall 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.

What type of files are the forms?

All of our Marshall 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

Our Promise

The documents you receive here will meet, or exceed, the Marshall 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 Marshall 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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August 1st, 2020

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September 3rd, 2019

Although I am sure that the Quit Claim form was acceptable for my county, I felt that it was not formatted in the manor that I have seen while viewing the other deeds recorded. So that forms that I received were not useful to me.

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