Affidavit of Descent

An affidavit of descent is filed when a person dies intestate or without a will.

Document must be signed by the affiant and signature notarized.

The affidavit, per KRS382.120, must have:

• Name of the deceased (ancestor)
• Date of the deceased’s (ancestor’s) death
• The marital status of the deceased (ancestor) and, if married the name of the surviving spouse and his/her mailing address
• The place of residence of the deceased (ancestor) at the time of death
• The fact that the deceased (ancestor) died in testate (without a will)
• The names, ages and addresses, as far as is known, of each heir at law and next of kin who by the ancestor’s death inherited such real property and the relationship of each to the deceased (ancestor) and the interest in such real property inherited by each
• Preparation Statement KRS382.335 (1)

The affidavit shall be filed with the clerk of the county in which the property is situated.

The clerk shall request a return mail address.

Affidavit of Heirship

Document must be: signed by the affiant and signature notarized (KRS 382.130). The document must have a Preparation Statement and a return mail address (KRS 382.335 & 382.240). The affidavit, per KRS382.120, must have:

• Name of the deceased (ancestor)
• Date of the deceased (ancestor’s) death
• The marital status of the deceased (ancestor) and, if married, the name of the surviving spouse and his or her mailing address
• The place of residence of the ancestor at time of death
• The fact that the ancestor died intestate
• The names, ages and address, as far as is known, of each heir at law and next of kin who by the ancestor’s death inherited such real property and the relationship of each to the ancestor and the interest in such real property inherited by each.

Affidavit of Real Property Transfer Under Will

This document is filed by the personal representative of the estate prior to the closing of the estate. The affidavit, per KRS382.135, section 4, must have the names and addresses of persons receiving each property passing by will or interstate succession and the full fair market value of each property as estimated or established for any purpose in the handling of the estate. The document must have a signature by the personal representative (KRS 382.335), signature notarized (KRS 382.130), should list the properties being transferred by either address or legal description or both (Common Law & OAG 81-100), Preparation Statement, return mail address, the Will Book reference should be included if the transfer is the result of an intestate succession (KRS 382.110), Preparation Statement (KRS 382.335), and return mail address (KRS 382.335 & KRS382.240).

Contesting a Will

Any person aggrieved by the action of the district court in admitting a will to record or reject it may bring an original action in the circuit court of the same county to contest the action of the district court. Such action shall be brought within two (2) years after the decision of the district court. The parties may, in the same action, or in a separate action if the validity of the will is not in issue, seek construction, interpretation or reformation of a will.

The notice must have the following requirements:

• State the name of the testator
• The style of the action
• The court in which the action has been filed
• The nature of the action
• The date on which the action was commenced

The notice must be signed by the plaintiff or his/her attorney. The signature does not have to be acknowledged or notarized.

Wills

Wills must be admitted for probate in the District Court of the County and an order issued probating the will by the District Court Judge. Once the will is probated it must be recorded in the County Clerk’s office along with the order appointing administrator or executor of the estate.

The County Clerk shall retain the original copy of the will permanently.

Will – Disclaimer

Disclaimers shall be:

Filed in district court, however if real property or an interest therein is disclaimed, an attested copy of the disclaimer from district court may be recorded in the office of the county clerk of the county in which the real estate is situated.

The clerk shall request a return mail address.

Disclaimers are filed in the Will Book and are indexed under the deceased name.

Wills – Out of County

The clerk may record wills probated in another Kentucky county if an attested or certified copy of the will and order of probate from the County Clerk in the county where the will was originally filed is presented. (KRS 394.300)

The County Clerk shall retain the certified or attested copy of the permanently.

Wills – Out-of-State

The recording requirements for an out of state will are as follows:

Before recording an out of state will, the county clerk or deputy must insure the will has been processed through the KENTUCKY probate court in their county & has a certificate of probate from their county. The will must be an authenticated or exemplified copy of the will & include the probate certificate from the resident state. The Kentucky probate court certificate is required with the authenticated copy of the will & certificate of probate (from the resident state) to be recorded in the county clerk’s office.

The clerk may record an out of state will that was probated & recorded in another Kentucky county, if an attested or certified copy of the will & order of probate from the County Clerk in the county where the will was originally filed is presented.

Will – Renunciation

Renunciation shall be:

Made within six (6) months after probate. The document must be acknowledged before the county clerk and recorded with the county clerk in the county where the probate was made, or acknowledged before a subscribing witness(an attorney) and proved before (notarized) and recorded with the county clerk.

The clerk shall request a return mail address.

Renunciations are filed in the Will Book and are indexed under the deceased name.