Free Kentucky Affidavit of Heirship

In Kentucky, heirs put their identity on the land records with an affidavit of heirship recorded with the county.

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The Kentucky affidavit is signed by a person with personal knowledge of the decedent's family history.

State Where the Property Is Located*

The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

First Name*

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Last Name*

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Your relationship to the decedent, or how you came to know the family and marital history. The affidavit states that you have personal knowledge of the facts in it.

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Kentucky's recorded instrument, Affidavit of Descent, rests on a statute written for a sworn statement of heirs. What a recorded affidavit does, in the statute's words: a recording prerequisite: before a deed from an heir to real property that passed by descent is filed for record, the affidavit must be presented to the county clerk, recorded in the record of deeds, and indexed as if it were a deed from the decedent to the heirs at law; the statute states no evidentiary presumption or marketable-title effect. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.

In the clerk of the county in which the real property is situated, recorded in the record of deeds. The office records it as it records deeds, in the county where the land lies, and charges its recording fee per page. The page is laid out to Kentucky's recording standard: a 3-inch clear top margin on the first page, 1-inch side margins, type no smaller than 10 points.

Who may sign, in the statute's words: the grantor, or any one of the heirs at law or next of kin of the grantor's ancestor, or two residents of Kentucky, each with personal knowledge of the facts. The statute names no witness requirement. Title companies commonly ask that the affiant be someone other than an heir, or that two people who know the family sign; the office relying on the affidavit sets what it will accept. It states: The name of the ancestor; The date of the ancestor's death; Whether the ancestor was married or single, and if married, the name of the surviving spouse and his or her address; The place of residence at the time of the ancestor's death, if known to the affiant or affiants; The fact that the ancestor died intestate; The names, ages and addresses, so far as known or ascertainable, of each heir at law and next of kin who by the ancestor's death inherited the real property, the relationship of each to the ancestor, and the interest in the real property inherited by each.

Yes. The Kentucky affidavit is sworn before a notary or other officer who administers oaths; the prepared document carries the notarial block.

It does not transfer title, and it is not the route for every asset. Where a purchaser, lender or title company will not rely on a recorded affidavit, the court route is District Court proceeding to determine persons entitled to property passing by intestate succession (KRS 391.035), which determines the heirs by order.

The Affidavit of Heirship in Kentucky

In Kentucky, the “Affidavit of Descent” rests on a statute written for a sworn statement of heirs: a sworn statement of the decedent's death, marriages, children and heirs, recorded in the county land records as evidence of who the heirs are.

What recording does, in the statute's words: a recording prerequisite: before a deed from an heir to real property that passed by descent is filed for record, the affidavit must be presented to the county clerk, recorded in the record of deeds, and indexed as if it were a deed from the decedent to the heirs at law; the statute states no evidentiary presumption or marketable-title effect. The affidavit is evidence of the facts it states, not a deed; title does not pass by it.

The affidavit is recorded in the clerk of the county in which the real property is situated, recorded in the record of deeds. Kentucky names who may make it: the grantor, or any one of the heirs at law or next of kin of the grantor's ancestor, or two residents of Kentucky, each with personal knowledge of the facts. Kentucky's recording rule for the page: a 3-inch clear top margin on the first page, 1-inch side margins, type no smaller than 10 points.

The affidavit is sworn before a notary or other officer who administers oaths. The statute names no witness requirement, so the office relying on the affidavit sets what it will accept; title companies commonly ask that the affiant be someone other than an heir.

The statute's list of what the affidavit recites: The name of the ancestor; The date of the ancestor's death; Whether the ancestor was married or single, and if married, the name of the surviving spouse and his or her address; The place of residence at the time of the ancestor's death, if known to the affiant or affiants; The fact that the ancestor died intestate; The names, ages and addresses, so far as known or ascertainable, of each heir at law and next of kin who by the ancestor's death inherited the real property, the relationship of each to the ancestor, and the interest in the real property inherited by each.

Where a recorded affidavit will not be relied on, the heirs are determined by court order in District Court proceeding to determine persons entitled to property passing by intestate succession (KRS 391.035).

SimplyTrust Editorial·Updated September 25, 2026

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Data sourced from Kentucky statutes and official state code. How we research.

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Free Kentucky Affidavit of Heirship

In Kentucky, heirs put their identity on the land records with an affidavit of heirship recorded with the county.

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The Affidavit of Heirship in Kentucky

Free Kentucky Affidavit of Heirship

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Free Kentucky Affidavit of Heirship

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