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Kentucky Affidavit of Heirship

Kentucky is the only state surveyed where recording this affidavit is mandatory before an heir's deed can be filed under KRS 382.120, yet the statute gives it no evidentiary effect at all: it unlocks recording and indexes the heirs, it does not prove who they are.

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What brings you to an affidavit of heirship?

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Introduction

An affidavit of heirship is a sworn statement identifying a deceased person's heirs. Kentucky's version is unusual in two directions at once. Under KRS 382.120, a county clerk may not record an heir's deed to inherited real property until this affidavit is presented, so in Kentucky the instrument is compulsory rather than optional, unlike every other state surveyed so far. But KRS 382.120 attaches no evidentiary consequence of any kind: there is no prima facie rule, no conclusive rule, and no notice rule tied to it in the statute. What the filing actually delivers is an indexing outcome, recording the ancestor as grantor and each heir as grantee in the deed records, the same way a conveyance would be indexed. Kentucky county clerks administratively call this filing an affidavit of descent, and some also accept it under the name affidavit of heirship; both names point to the same KRS 382.120 instrument. It is available only when the ancestor died intestate, and it does not transfer, convey, or vest title to real property.

Key Things to Know

  1. 1

    In Kentucky, this affidavit works only when the ancestor died without a will. KRS 382.120(1)(e) requires the affidavit to state the fact that the ancestor died intestate, which makes intestacy an element of the filing. If the ancestor left a will, this affidavit does not apply; the route instead is recording a certified copy of the will and the order of probate under KRS 394.300.

  2. 2

    Kentucky's statute never uses the words affidavit of heirship or affidavit of descent. County clerks administratively call this KRS 382.120 filing an affidavit of descent, and some also accept it under the name affidavit of heirship. There is no separate statute for an affidavit of heirship in Kentucky; the name is a label, not a distinct filing.

  3. 3

    Unlike every other state surveyed, this affidavit is mandatory, not optional. KRS 382.120(3) provides that no county clerk may receive or permit to be lodged for record any deed to inherited real property until the affidavit has been presented. Most states let an heir choose whether to record one; Kentucky does not give the heir that choice.

  4. 4

    This affidavit confers no evidentiary effect under KRS 382.120, and it does not transfer, convey, or vest title to real property. The statute contains no prima facie rule, no conclusive-after-years rule, and no notice rule for the affidavit itself. It documents who the heirs are for the deed records; the statute does not make it proof of heirship in court.

  5. 5

    Kentucky requires only one affiant, and the grantor, the most financially interested person in the transaction, may serve as that affiant. KRS 382.120(1) permits the affidavit of the grantor, or of any one heir at law or next of kin, or alternatively of two residents of Kentucky who each have personal knowledge of the facts. A two-disinterested-witness rule is underwriting convention some title companies use elsewhere, not a requirement of Kentucky's statute.

  6. 6

    File this affidavit with the county clerk of the Kentucky county where the real property is situated; there is no domicile-county alternative. KRS 382.120(2) requires the clerk to record and index it in the general index of deeds, naming the ancestor as grantor and each heir at law or next of kin as grantee, the same way a deed from the ancestor to the heirs would be indexed.

  7. 7

    Kentucky sets no waiting period, but it does set a deadline running the other way: the affidavit must reach the clerk at or before the time the heir's deed is filed. A deed recorded without it first is still valid; the safe-harbor clause in KRS 382.120(3) preserves that recording, and the sanction falls on the clerk instead. Knowingly making a false affidavit under KRS 382.120 is a Class A misdemeanor and creates civil liability to anyone injured by it, under KRS 382.990(1)-(2).

Key decisions before you file

Before you file a Affidavit of Heirship in Kentucky, a few decisions shape the document: which option to choose and what each one means. The Affidavit of Heirship guide walks through them.

Open the Affidavit of Heirship guide

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Kentucky Affidavit of Heirship (Compact State Terms)

This compact set states the Kentucky-specific terms of an Affidavit of Heirship, also administratively called an affidavit of descent. Use it together with the national Affidavit of Heirship template, which carries the general identification, family-history, and signature provisions.

1. Governing Law. This affidavit is governed by the laws of the Commonwealth of Kentucky.

2. Statutory Basis and Mandatory Filing. This affidavit is made under KRS 382.120, Real property acquired by descent. Before any deed to real property that passed to the grantor by descent is filed for record, the affidavit must be presented to the county clerk; KRS 382.120(3) bars the clerk from recording such a deed until it has been. Kentucky county clerks administratively call this filing an affidavit of descent, and some also accept it under the name affidavit of heirship; both refer to this same statute.

3. Intestate Only. This affidavit applies only where the ancestor died intestate. KRS 382.120(1)(e) requires the affidavit to state that fact. Where the ancestor left a will, use a certified copy of the will and the order of probate recorded under KRS 394.300 instead.

4. Affiant. This affidavit may be made by the grantor, or by any one heir at law or next of kin of the ancestor, or by two residents of Kentucky who each have personal knowledge of the facts. KRS 382.120(1). A two-disinterested-witness rule is underwriting convention some title companies use elsewhere, not a requirement of this statute; the grantor may serve as the sole affiant.

5. Required Contents. This affidavit states the ancestor's name, date of death, marital status and, if married, the surviving spouse's name and address, the ancestor's residence at death if known, the fact of intestacy, and the name, age, address, relationship, and inherited interest of each heir at law and next of kin.

6. Recording and Indexing. File with the county clerk of the Kentucky county in which the real property is situated. KRS 382.120(2) requires the clerk to record it in the record of deeds and index it in the general index of deeds, naming the ancestor as grantor and each heir as grantee, as if a deed had conveyed the property from the ancestor to the heirs.

7. No Evidentiary Effect, No Transfer of Title. This affidavit carries no evidentiary effect under KRS 382.120; the statute has no prima facie rule, no conclusive-after-years rule, and no notice rule for it. It does not transfer, convey, or vest title to real property. It documents who the heirs are and allows the heir's deed to be recorded and indexed; the statute does not make it proof of ownership on its own.

8. Timing and Safe Harbor. There is no waiting period, but the affidavit must reach the clerk at or before the time the deed is lodged for record. A deed recorded without it first is still a legal recording; KRS 382.120(3) preserves it, and the sanction for the omission falls on the clerk.

9. Property Scope and Penalties. This affidavit addresses real property only, with no personal-property counterpart under KRS 382.120. Knowingly making a false affidavit under this section is a Class A misdemeanor and creates civil liability to any person injured by its making, filing, recording, or use, under KRS 382.990(1)-(2).

This compact Kentucky set supplements the national Affidavit of Heirship template. It is general information, not legal advice; attorney review is available.

Once your Affidavit of Heirship is ready, you can check whether it needs to be notarized in Kentucky in about a minute, and notarize it online through DocDraft if it does.

Kentucky Requirements for Affidavit of Heirship

Kentucky Mandatory Recording Precondition

KRS 382.120(3) provides that no county clerk may receive or permit to be lodged for record any deed to inherited real property until this affidavit has been presented. Kentucky is the only state surveyed where the affidavit is compulsory rather than optional.

Kentucky Confers No Evidentiary Effect

KRS 382.120 contains no prima facie rule, no conclusive-after-years rule, and no notice rule for the affidavit itself. It is a recording precondition and an indexing entry, not a statutory proof of heirship.

Kentucky Intestate-Only Availability

KRS 382.120(1)(e) requires the affidavit to state that the ancestor died intestate, making intestacy an element of the filing. Where the ancestor left a will, the route is recording a certified copy of the will and the order of probate under KRS 394.300.

Kentucky Single-Affiant Rule, Grantor Permitted

KRS 382.120(1) allows one affiant, the grantor or any one heir at law or next of kin, or alternatively two residents of Kentucky with personal knowledge of the facts. A two-disinterested-witness rule is underwriting convention some title companies use elsewhere, not a requirement of this statute.

Kentucky Recording and Indexing

File with the county clerk of the Kentucky county where the real property is situated. KRS 382.120(2) requires recording and indexing in the general index of deeds, naming the ancestor as grantor and each heir as grantee.

Kentucky Affidavit Does Not Transfer Title

This affidavit documents who the heirs are and allows the heir's deed to be recorded and indexed. It does not transfer, convey, or vest title to real property.

Does your Affidavit of Heirship need to be notarized in Kentucky?

Whether a Affidavit of Heirship needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

No. This affidavit does not transfer, convey, or vest title to real property in Kentucky. Under KRS 382.120, it documents who the heirs are and allows the heir's deed to be recorded and indexed as if the ancestor had conveyed the property to the heirs; it does not itself make anyone an owner.

One affiant is enough. KRS 382.120(1) allows the grantor, or any one of the heirs at law or next of kin, to sign, or alternatively two residents of Kentucky who each have personal knowledge of the facts. A two-disinterested-witness rule is underwriting convention some title companies use elsewhere, not a Kentucky statutory requirement, and the grantor may serve as the sole affiant.

Yes, in a way most states do not require. Under KRS 382.120(3), a Kentucky county clerk may not record an heir's deed to inherited real property until this affidavit has been presented. Kentucky is the only state surveyed where recording this affidavit is a mandatory precondition rather than an optional convenience.

The recording still stands. KRS 382.120(3) expressly provides that nothing in the section prevents a deed lodged for record before the affidavit was filed from being a legal recording. The omission is a violation on the clerk's part under KRS 382.990(1), not a defect in the heir's title.

No. KRS 382.120(1)(e) requires the affidavit to state that the ancestor died intestate, so it applies only where there was no will. Where the ancestor left a will, Kentucky's route is recording a certified copy of the will and the order of probate under KRS 394.300.

KRS 382.120 itself never gives it that effect. Unlike states that give a recorded heirship affidavit prima facie or conclusive weight after a waiting period, this statute attaches no evidentiary effect to Kentucky's affidavit. It is a recording precondition and an indexing entry, not a statutory proof of heirship; ask a Kentucky attorney before relying on it as evidence in a court proceeding.

File it with the county clerk of the Kentucky county where the real property is situated; there is no alternative venue based on domicile. KRS 382.120(2) requires the clerk to record and index it in the general index of deeds, naming the ancestor as grantor and each heir as grantee.

No. Kentucky's small estate routes, including the surviving spouse or children exemption and the orders dispensing with administration, reach only personal property such as money on hand or in a bank. An affidavit of heirship under KRS 382.120 addresses real property only and carries no value cap.