An affidavit of descent (alternately, affidavit of heirship) under KRS 382.120 establishes a source of title for a grantor who is transferring property he or she acquired from an intestate estate.

The affidavit must be filed before the grantor can record a deed conveying the subject property. Pursuant to Kentucky statute, the affiant (person making the sworn statements contained within the affidavit) may be the grantor or any one (1) of the heirs at law or next of kin of the ancestor of the grantor, or of two (2) residents of the Commonwealth of Kentucky.

The affidavit must recite the ancestor's name, date of death, and place of residence, as well as information regarding the ancestor's surviving spouse, if applicable. In addition, the affidavit must state that the ancestor died intestate (without a will), and contain a list of the names, ages, and addresses of each of the ancestor's heirs at law and next of kin, and include everyone's relationship to the ancestor and the interest in real property he or she inherited by the ancestor's death.

The affiant must sign the document before a notary public before filing in the office of the county clerk of the county wherein the subject real property is situated.

Contact a lawyer with questions about Kentucky legal documents or other inquiries related to probate.

(Kentucky Affidavit of Descent Package includes form, guidelines, and completed example)

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