Disclaimer: This article provides general information under Kentucky law and is not legal advice.
Detailed Answer
When heirs inherit real estate located outside Kentucky, they must execute a deed valid in the jurisdiction where the property sits. Under Kentucky law, if the decedent’s estate went through probate, the personal representative (executor or administrator) signs an executor’s deed or administrator’s deed. This deed conveys title from the estate to the buyer or transferee and includes statutory recitals confirming proper administration.
If no formal administration occurred—for example, when the estate qualifies for summary settlement under KRS 392.070—heirs commonly use an heirs’ deed (often a quitclaim deed) to transfer their individual interests. A quitclaim deed conveys whatever interest the grantors have without warranties, but it efficiently clears title when heirs agree on the transfer.
All deeds should include:
- A complete legal description of the property.
- The grantors’ (heirs’ or representative’s) names as they appear on title.
- The grantee’s name.
- A statement of consideration (even nominal).
- Signatures of all required grantors.
Each grantor must acknowledge the deed before a notary public or other authorized official in the property’s jurisdiction. In Kentucky, acknowledgment requirements appear at KRS 382.360.
To record the deed, deliver the original to the county clerk or recorder in the county where the property lies. Kentucky statutes require recording within 60 days of execution to protect priority under KRS 382.245. Recording establishes constructive notice of the transfer. For general recording rules, see KRS Chapter 382.
Helpful Hints
- Confirm form and fee requirements with the land-records office where the property sits.
- Use the exact legal description from the last recorded deed to avoid errors.
- Attach certified letters testamentary or of administration when using a representative’s deed.
- Ensure every heir joins the deed—partial signatures can cloud title.
- Check if the jurisdiction requires an affidavit of heirship or other local affidavits.
- Consult a real estate attorney when liens, mortgages or multi-state issues arise.