Breathitt County Quitclaim Deed (Individual Grantor by Attorney-in-Fact) Form

Almost every signature on a Kentucky deed belongs to the hand that writes it. Here it does not. The grantor is one individual record owner, and this fillable quitclaim deed is signed in that owner's name by an attorney-in-fact under a recorded power of attorney. Sometimes searched as a power of attorney deed or a quit claim deed signed by an agent, it releases whatever interest the owner holds.

Two instruments, and one is already in the deed book

Kentucky treats an agent's authority as a land record of its own. KRS 382.370 provides that a power of attorney to convey or release real property may be recorded in the manner prescribed for recording conveyances, and that where the conveyance made under the power must be recorded to be valid against creditors and purchasers, the power must be lodged or recorded in like manner. Section 3 points at that second instrument, taking the date of the power and the county, book, and page of its recording. The Fayette County Clerk states that the power is filed with the deed or already on file in the recording county, with its book and page included.

The statute that names quitclaim in its own list

An agent's power over land comes from the Kentucky Uniform Power of Attorney Act, KRS Chapter 457. Its real property section, KRS 457.270, lists what general authority over real property covers, and quitclaim appears there by name, beside sell, exchange, convey with or without covenants, and encumber. A second gate sits beside that list: KRS 457.245 separates authority requiring a specific grant from general authority, and its items include making a gift, subject to KRS 457.400, and creating or changing rights of survivorship, which the KRS 457.420 statutory form prints as separately initialed items. A quitclaim for value and one stated as a gift answer to different parts of one chapter, which is why the consideration section has a gift entry.

A sworn certificate the statute lets an agent make

KRS 382.135 places a sworn, notarized consideration certificate inside a Kentucky deed, naming an agent on each side: the certificate is signed by the grantor or the grantor's agent and by the grantee or the grantee's agent, so the attorney-in-fact makes it for the grantor. The section carries both statutory branches, full consideration paid and estimated fair cash value where the transfer is by gift or for nominal consideration, since the clerk reads that figure to compute the transfer tax under KRS 142.050, fifty cents for each five hundred dollars of value, which KRS 382.260 requires before the deed is lodged.

What this deed recites, and what it is not arranged for

The form recites one grantor, an individual record owner, with a mailing address and marital status; one attorney-in-fact with a mailing address; one power of attorney identified by date and recording data; and one or more grantees with a co-ownership designation entry. Three people sign: the agent signs the deed and certificate in the grantor's name, the grantee signs the certificate alone, and the preparer signs the Section 12 endorsement. Each takes a notarial certificate of its own, worded subscribed, sworn to, and acknowledged, so appearances may happen days and counties apart. An agent closing a sale of an out-of-state owner's fractional interest, and an agent releasing a leftover undivided interest to the co-owner, present the patterns this deed recites. It is not arranged for two record owners, an owner signing personally, coagents who must act together, an entity or trustee grantor, or a joining spouse.

No covenants, and the content a clerk checks

Warranty in Kentucky is a matter of statutory words, and this deed prints neither: with warranty, a covenant against all claims under KRS 382.030, and with special warranty, confined by KRS 382.040 to claims arising by, through, or under the grantor. The deed says as much in its own text, so mortgages, liens, easements, and chain gaps ride through untouched. Three more statutes fill the remaining blanks. KRS 382.110 asks where the grantor's own title came from. KRS 382.135 asks for both parties' names with mailing addresses, plus an in care of address for the year's tax bill. KRS 382.335 conditions recording on an endorsement naming, and signed by, whoever prepared the instrument.

The download delivers this attorney-in-fact quitclaim deed as a fillable PDF, a completed Pulaski County example, and a plain language guide covering the agent entries, the authority statutes, and recording. The materials are informational and are not legal advice.