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 effectKRS 382.120(1)-(3)Verified Sep 24, 2026View source. 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.
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 factsKRS 382.120(1)Verified Sep 24, 2026View source. The statute names no witness requirementKRS 382.120 (scan)Verified Sep 24, 2026View source. 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 eachKRS 382.120(1)(a)-(f)Verified Sep 24, 2026View source.
The state's intestacy statute sets the order: the surviving spouse and children first, then parents, siblings, and more distant relatives, with shares that differ by state. The Who Inherits Calculator applies your state's order and shows each person's share.
Directly from the institution, on its claim form, with the death certificate and the beneficiary's identification. The policy or account passes outside the estate and does not wait for probate. The letter of instruction is addressed to the specific insurer or bank and follows its published document list.
In most states, yes, when the estate is under the state's small estate limit and the waiting period after the death has passed. The heir presents the small estate affidavit to the bank or other holder of the property. The builder checks the estate against your state's limit before it produces the document.