Detailed Answer
Under Kentucky law, an affidavit of heirship provides a record of who inherited real property when someone dies without a will (intestate). You file it under KRS 391.170. Follow these steps to prepare and record your affidavit.
Step 1: Confirm Eligibility
Ensure the decedent died intestate (without a valid will) and no personal representative has been appointed. Confirm that the property was solely owned by the decedent at death.
Step 2: Gather Required Information
- Decedent’s full name, date of death, and last residence.
- Legal description of the real property.
- Names, relationships, and addresses of all heirs.
- Certified copy of the death certificate.
Step 3: Draft the Affidavit
Title the document “Affidavit of Heirship.” Include:
- Statement that the decedent died intestate and no administration is pending.
- Decedent’s property description.
- A complete list of heirs along with their relationship and address.
- Affiant’s name, address, and basis of knowledge (for example, family member or long acquaintance).
Step 4: Notarize the Affidavit
Have the affiant sign the affidavit in front of a Kentucky notary public.
Step 5: Record with the County Clerk
File the notarized affidavit in the clerk’s office of the county where the property is located. Pay the applicable recording fee. The clerk will index the affidavit in the grantor/grantee indices, creating an official public record.
Step 6: Maintain Copies and Title Records
Keep certified copies of the recorded affidavit and updated title documents. Provide copies to any party involved in future property transactions.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Check with the county clerk for local form requirements.
- Use a detailed legal description from the last deed.
- Obtain a certified death certificate early.
- Verify every heir’s current address and relationship.
- Consult a qualified attorney for complex estates or disputes.
- Keep multiple certified copies of the recorded affidavit.