What steps do I need to take to re-record or update a joint survivorship deed after co-owners died? (KY)

Detailed Answer

Short answer: In Kentucky, when co-owners named on a deed that creates a joint tenancy with right of survivorship die, title generally passes automatically to the surviving joint tenant(s) by operation of law. To make the public record match ownership and to clear title for future sale or financing, the surviving owner(s) should obtain certified death certificates, review the recorded deed, and record an appropriate document (commonly an affidavit of survivorship or an updated deed) with the county clerk/recorder where the property is recorded. If the deed does not create survivorship, the property may need to pass through probate.

Step‑by‑step process (practical steps most Kentucky property owners follow)

1. Confirm the deed language and current recorded copy.

   Get a certified copy or a copy certified by the county clerk of the recorded deed. Look for language such as “joint tenants with right of survivorship,” “with right of survivorship,” or similar wording. If you see that language, the surviving joint tenant(s) generally own the property automatically. If the deed instead says “tenants in common,” there is no survivorship right and the deceased owner’s share goes to their estate.

2. Obtain certified death certificate(s).

   Request official certified copies of each deceased co‑owner’s death certificate from the state or county vital records office. The county clerk will usually require a certified death certificate as proof of death when you record an affidavit or new deed.

3. Decide how to update the public record.

   Common approaches in Kentucky:

   • Record an Affidavit of Survivorship (or Affidavit of Death of Joint Tenant). This short affidavit states the facts (who died, deed book/page, legal description) and declares that title vested in the surviving tenant(s). Attach certified death certificate(s) and a copy of the recorded deed. Many county clerks accept this to reflect the change without probate.
   • Record a new deed (e.g., a quitclaim or corrective deed) executed by the surviving owner(s). This creates a clean, updated chain of title and can help when selling or refinancing.

   Which route is appropriate depends on the county clerk’s practice, the lender’s requirements (if there is a mortgage), and whether the title needs additional clearing.

4. Visit or contact the county clerk/recorder’s office.

   Each county clerk sets recording requirements and fees. Ask the clerk precisely what documents they accept to reflect the death of a joint owner (acceptable affidavit forms, required attachments, notary and witness rules, filing fee). If you plan to use an affidavit, ask whether they have a preferred form or sample language.

5. Prepare and notarize documents; record them with attachments.

   Prepare the affidavit or deed including the complete legal description and reference to the book/page or instrument number of the original recorded deed. Notarize signatures as required. Attach certified death certificates and a copy of the recorded deed. Record with the county clerk and pay the recording fee.

6. Update related records.

   After recording, update property tax records, homeowner’s insurance, and any title insurance company records. If there is a mortgage, notify the lender. If you plan to sell or refinance, the new recorded documents will simplify title examination.

7. If the deed did not create survivorship or title is disputed, open probate or pursue a court action.

   If the deed lacks survivorship language or multiple parties claim rights, you may need to open probate for the deceased owner’s estate. If title is clouded, a quiet title action in Circuit Court may be necessary. In these situations, consult an attorney who handles Kentucky real property and probate.

Hypothetical example (illustrative)

Maria and Tom hold a house as “John Doe and Jane Doe, joint tenants with right of survivorship.” Tom dies. Maria obtains Tom’s certified death certificate, gets a copy of the recorded deed from the county clerk, prepares an affidavit of survivorship that references the deed book and page and the legal description, attaches Tom’s death certificate, notarizes the affidavit, and records the affidavit with the county clerk. The county updates its records showing Maria as the sole owner. If Maria later refinances, the lender accepts the recorded affidavit as proof of title transfer.

When you should consult an attorney

• Disagreement among family members or co‑owners about whether survivorship applies.
• Missing deed language or ambiguous instruments.
• Mortgages, liens, or other title defects that complicate transfer.
• Suspected fraud, forged signatures, or irregularities in prior recordings.

Where to find Kentucky law and local requirements

Kentucky law and recording rules are available from the Kentucky Legislature’s statutes portal: https://apps.legislature.ky.gov/statutes/. For court forms, procedures, and local contact information, see the Kentucky Court of Justice: https://kycourts.gov/. Your county clerk’s office maintains recording requirements and fee schedules—contact them early in the process.

Disclaimer: This article explains general steps under Kentucky law and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Kentucky attorney or your county clerk.

Helpful Hints

• Always get certified death certificates—not photocopies—when recording survivorship documents.
• Start at the county clerk’s office: clerks often accept simple affidavits and will tell you exact wording and fee requirements.
• Keep the recorded deed reference (book/page or instrument number) in every document you sign; clerks use it to link instruments.
• If you plan to sell or refinance soon, recording a new deed (in addition to an affidavit) can avoid lender delays.
• Record promptly. A timely recorded affidavit or deed prevents confusion about ownership if other claims arise.
• If the original deed is missing or was never recorded, you may need an attorney to reconstruct the chain of title or to file a court action.
• Ask your title insurance company whether the recorded affidavit will be sufficient to clear title for a policy—requirements vary by insurer.