Kentucky Warranty Deed
A Kentucky warranty deed guarantees clear title and defends the buyer. Record with the county clerk; KRS 382.030 sets the words. Attorney review available.
Introduction
Kentucky codifies the warranty words themselves: under KRS 382.030 the phrase with warranty or with general warranty makes the grantor forever warrant and defend the property against the claims and demands of all persons whatever, the guarantee of clear title a buyer relies on. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Kentucky is helpful to understand here, because Kentucky codifies the warranty words themselves. Under KRS 382.030, the words with warranty or with general warranty make the grantor forever warrant and defend the property against the claims and demands of all persons whatever, and under KRS 382.040 the words with special warranty limit that defense to claims coming by, through, or under the grantor. So in Kentucky a warranty deed is a native instrument, and which kind you have depends on the covenant words you use rather than on any grant-deed presumption. You record the signed, notarized deed with the county clerk of the county where the property sits (KRS 382.110). DocDraft builds your Kentucky deed from your facts, with attorney review available before you record.
Key Things to Know
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A warranty deed is a deed in which the seller guarantees clear title and defends the buyer against later claims. In Kentucky the protection turns on the covenant words used, from full warranty down to a no-promise quitclaim, rather than on any grant-deed presumption.
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Kentucky codifies the general-warranty words. Under KRS 382.030, a covenant with warranty or with general warranty has the effect of the grantor forever warranting and defending the property unto the grantee against the claims and demands of all persons whatever, including defects that predate the grantor's ownership.
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A special or limited warranty deed uses the words with special warranty (KRS 382.040) and defends only against claims by, through, or under the grantor. A quitclaim deed omits the warranty words entirely, so it conveys only whatever interest the grantor has, with no covenant of title.
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You record the signed deed with the county clerk of the county where the property is located (KRS 382.110). Kentucky is a notice jurisdiction (KRS 382.270), so recording promptly protects you against a later good-faith purchaser without notice.
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The grantor's signature must be acknowledged before a notary before the county clerk will record the deed (KRS 382.130; KRS 382.270). Kentucky does not require subscribing witnesses when the deed is notarized. The deed must also carry a preparation statement and the grantee's mailing address (KRS 382.335).
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Kentucky imposes a real estate transfer tax of 0.50 dollars for each 500 dollars of value on the grantor, and the county clerk computes and collects it before recording (KRS 142.050). The deed must state the full consideration and include a sworn, notarized consideration certificate signed by both the grantor and the grantee (KRS 382.135).
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Kentucky is not a community-property state, but it retains dower and curtesy. A married grantor's spouse holds an inchoate dower or curtesy interest, so the non-owner spouse should join in and sign the deed to release it and pass clear title (KRS 392.020; KRS 392.040).
Key decisions before you file
Before you file a Warranty Deed in Kentucky, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Kentucky Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Kentucky codifies the general-warranty words: under KRS 382.030 a covenant with warranty or with general warranty makes the grantor, his heirs, and personal representatives forever warrant and defend the property unto the grantee against the claims and demands of all persons whatever, including defects predating the grantor. This is the strongest of the three deed types.
Kentucky has no fill-in statutory short-form deed; the deed type turns on the covenant words. Use with general warranty for full protection (KRS 382.030) or with special warranty for a limited one that defends only against claims by, through, or under the grantor (KRS 382.040). A deed that omits the warranty words is a quitclaim and conveys only whatever interest the grantor has, with no covenant of title.
Record the signed, notarized deed with the county clerk of the county in which the real property, or the greater part of it, is located (KRS 382.110). Kentucky is a notice jurisdiction: an unrecorded deed is not valid against a later good-faith purchaser for value without notice or against creditors (KRS 382.270). Record promptly to protect your interest.
Before recording, the grantor's signature must be acknowledged before a notary (KRS 382.130; KRS 382.270). Kentucky does not require subscribing witnesses when the deed is notarized; two witnesses are only an alternative proof route when there is no acknowledgment. The deed must also carry a preparation statement showing who prepared it and the grantee's mailing address (KRS 382.335).
Kentucky imposes a real estate transfer tax of 0.50 dollars for each 500 dollars of value on the grantor, and the county clerk computes and collects it as a prerequisite to recording (KRS 142.050). The deed must state the full consideration and include a sworn, notarized consideration certificate signed by both the grantor and the grantee (KRS 382.135). Divorce transfers between spouses and certain family gifts can be exempt (KRS 142.050(7)).
Identify the grantor and grantee with full names and mailing addresses, state the consideration, and include the full legal description of the property (not just the street address). Kentucky also requires an in-care-of tax-bill address and a source-of-title reference to the prior deed (book and page) so the chain of title is clear (KRS 382.135; KRS 382.110). Confirm the description against the current vesting deed.
Kentucky is not a community-property state, but it retains dower and curtesy. A married grantor's spouse holds an inchoate dower or curtesy interest that survives a conveyance unless it is released (KRS 392.020). To pass clear title, the non-owner spouse should join in and sign the deed to relinquish dower or curtesy; a spouse who joined in the deed takes no such interest (KRS 392.040).
Choose the deed to match the protection intended. A general warranty deed (with general warranty, KRS 382.030) warrants title against all claims, including those predating the grantor, and is the standard Kentucky sale instrument. A special warranty deed (with special warranty, KRS 382.040) covers only the grantor's own period of ownership. A quitclaim gives no covenants and suits transfers between family or co-owners. The reason for the transfer usually points to the right one.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. Kentucky ties this difference to the words used: under KRS 382.030 the words with warranty or with general warranty make the grantor forever warrant and defend title against all persons, while a quitclaim deed simply omits those warranty words and so carries no covenant of title.
A general warranty deed guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. Kentucky codifies that guarantee: under KRS 382.030 the words with warranty or with general warranty have the effect of the grantor covenanting that he, his heirs, and personal representatives will forever warrant and defend the property unto the grantee against the claims and demands of all persons whatever. That is the strongest of the three deed types.
Kentucky uses the warranty deed and does not use a grant deed the way some other states do. There is no operative word grant presumption and no codified grant-deed short form in Kentucky. Instead the deed's protection comes from the express covenant words: with general warranty for a full warranty (KRS 382.030), with special warranty for a limited one (KRS 382.040), or no warranty words at all for a quitclaim. So most Kentucky sales use a general warranty deed rather than a grant deed.
You record the signed, notarized deed with the county clerk of the county where the property is located (KRS 382.110). The grantor's signature must be acknowledged before a notary first (KRS 382.130; KRS 382.270), and the county clerk computes and collects the transfer tax before accepting the deed (KRS 142.050). Kentucky is a notice jurisdiction, so a good-faith purchaser without notice can defeat an unrecorded deed, which is why you should record promptly (KRS 382.270).
Kentucky does not require an attorney to prepare or record a deed; an individual may prepare their own warranty deed and record it. Because a deed transfers title and a mistake in the legal description, the warranty words, or how the grantee takes title can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Kentucky deed from your facts, with attorney review available as an option before you record.
It must be notarized. Before the county clerk will record a Kentucky deed, the grantor's signature has to be acknowledged before a notary (KRS 382.130; KRS 382.270). Kentucky does not require subscribing witnesses when the deed is notarized; two witnesses are only an alternative way to prove a deed for recording when there is no notarial acknowledgment. The deed must also show who prepared it and the grantee's mailing address (KRS 382.335).
Usually yes when the property is sold. Kentucky imposes a real estate transfer tax of 0.50 dollars for each 500 dollars of value on the grantor, and the county clerk computes and collects it before recording (KRS 142.050). The deed must state the full consideration and include a sworn, notarized consideration certificate signed by both grantor and grantee (KRS 382.135). Transfers between spouses or former spouses in a divorce, and certain parent-child gifts, can be exempt (KRS 142.050(7)).
Both are warranty deeds, and Kentucky codifies each. A general warranty deed uses the words with warranty or with general warranty (KRS 382.030) and defends the buyer against the claims and demands of all persons whatever, including defects that predate the grantor. A special or limited warranty deed uses the words with special warranty (KRS 382.040) and defends only against claims by, through, or under the grantor. General warranty gives the buyer more protection; special warranty is common in commercial and estate transfers.