Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When conveying or encumbering real property in Kentucky, you must verify every person or entity with a legal or equitable interest. Proper verification reduces title defects and protects all parties. Below is a breakdown of the core requirements under Kentucky law:
1. Individuals
- Government-issued photo ID: Driver’s license, passport or state ID to confirm name and date of birth.
- Social Security number: Used for identity confirmation in title searches.
- Marital status: Kentucky recognizes dower and curtesy rights. Obtain a marriage certificate or spousal signature where required. See KRS § 381.225 (Kentucky Revised Statutes § 381.225).
- Change of name: If someone used a prior name, secure a certified court order or marriage certificate verifying the change.
2. Fiduciaries and Representatives
- Power of Attorney (POA): A recorded, durable POA under KRS § 381.360–381.372. Include the statutory certificate of acknowledgement. See KRS § 381.365.
- Probate Personal Representative: Certified letters of administration or testamentary issued by the county court where the estate is probated. Verify scope and expiry.
3. Entities (Corporations, LLCs, Trusts)
- Certificate of Existence / Good Standing: Issued by the Kentucky Secretary of State within the last 60 days.
- Board or Member Resolution: Certified resolution authorizing conveyance or mortgage. Must include names and titles of officers or managers acting.
- Trust Documents: Copy of the trust instrument and any amendments. Include certification of trustees under KRS § 381.130.
4. Heirs and Devisees
- Death Certificate: Certified copy for a decedent who held title.
- Heirship Determination: Order from the probate court or small-estate affidavit for estates under the statutory limit (KRS § 395.020).
Helpful Hints
- Always order a current title search to uncover undisclosed interests.
- Use an escrow or closing agent to verify signatures and document authenticity.
- Record all POAs, corporate resolutions, and probate documents in the county where the property lies.
- Confirm marital status early to avoid post-closing claims for dower or spousal rights.
- Review KRS Chapter 382 for additional conveyancing requirements: Kentucky Revised Statutes Chapter 382.