Land Records

Affidavit of Real Property Transfer or Intestate Succession KRS 382-135

This document is filed by the personal representative of the estate prior to the closing of the estate. It is filed when property is transferred by a will or intestate succession (without a will).  Refer to KRS 382.135, section 4.

The document requires:

  • Name of the deceased.
  • Names and addresses of persons receiving (the grantees) each property passing by will or intestate succession, AND
  • The full or fair market value of each property as estimated or established for any purpose in the handling of the estate, OR
  • A statement that no such values were estimated or established. (KRS 382.135(4)(b)
  • Signature by the personal representative (KRS 382.135(4) & CR 43.13)
  • Signature notarized (KRS 382.130)
  • Document should list the properties being transferred by either address or legal description or both. (Common Law & OAG 81-100)
  • The Will Book reference is required if the transfer is the result of a will. (KRS 382.110)
  • The Deed Book reference is required if the transfer is the result of an intestate succession. (KRS 382.110)
  • Preparation statement (KRS 382.335)
  • The clerk shall request a return mail address (KRS 382.240)

The document must be filed in the county clerk’s office of the county where the property is located (or the greater part).  KRS 382.110

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