Affidavit of Descent Kentucky: How to Transfer Real Estate Without Full Probate

A surviving family member who tries to sell, refinance, or transfer a Kentucky property after a loved one's death will quickly encounter a title problem: the property is still legally recorded in the name of the deceased. Banks will not process a new mortgage. Title companies will not insure the sale. Nothing moves until the ownership question is resolved in the public record.

For real estate that passes by intestate succession — when the decedent owned the property in their sole name and died without a will — Kentucky law provides a specific mechanism for clearing that title: the Affidavit of Descent under KRS 382.120.

What the Affidavit of Descent Is

The Affidavit of Descent is a sworn, notarized document that publicly declares the legal heirs of a deceased person and their respective ownership interests in that person's real property. It does not transfer title by itself — rather, it establishes in the public record who the legal heirs are and what fraction of the property each heir inherited by operation of law.

Once recorded, title companies and county clerks can trace the chain of ownership from the deceased to the living heirs, enabling subsequent transfers and sales to proceed.

When to Use It

The Affidavit of Descent applies specifically when:

• The decedent died intestate (without a valid will), and
• The decedent owned real estate solely in their own name, and
• The property needs to be sold, transferred, remortgaged, or otherwise dealt with

If the decedent had a valid will that specifically devises the real property, the property transfers through the formal probate process — through a court order or a deed executed by the personal representative — not through an Affidavit of Descent.

If the property was held jointly with another person as joint tenants with right of survivorship, the surviving joint owner takes title automatically by presenting a certified death certificate to the County Clerk. No affidavit of descent is needed in that scenario.

What the Affidavit Must Contain

Under KRS 382.120, the affidavit must include all of the following:

• The deceased ancestor's full legal name
• The date of the ancestor's death
• The ancestor's marital status at the time of death
• The name of the surviving spouse, if any
• The ancestor's last place of residence
• The full name, current age, current address, and relationship to the decedent of every legal heir who inherits a fractional interest in the property

The "every legal heir" requirement is critical. If the decedent had four children, all four must be listed — including any who are minors, who live out of state, or who are estranged from the family. Omitting an heir creates a defective instrument that clouds the title rather than clearing it.

The document must also include:

• A preparation statement (identifying who prepared the document)
• A return mailing address
• The affiant's signature and notarization

Who Signs It

The affiant — the person who swears to the document — is typically a family member or heir who has personal knowledge of the decedent's family structure and heirs. This is usually the surviving spouse or an adult child. The affiant must be willing to swear under penalty of perjury that the information about heirs is accurate and complete.

Where to File It

The Affidavit of Descent is recorded with the County Clerk in the county where the real estate is physically located — not with the District Court where probate proceedings are handled. This distinction matters. The District Court manages the probate case; the County Clerk manages the real property record.

If the decedent owned property in multiple counties, a separate affidavit must be recorded in each county.

The Recording Fee

Under KRS 64.012, the standard recording fee is $50.00 for an instrument up to five pages in length. Additional pages incur a per-page charge. After recording, the County Clerk should return the original document to the address specified in the return mailing address on the affidavit.

Notifying the Property Valuation Administrator

After recording the Affidavit of Descent, the heirs should notify the local Property Valuation Administrator (PVA) of the ownership change. This ensures that future property tax bills are sent to the correct owners rather than continuing to arrive in the decedent's name. Failing to update the PVA does not affect the validity of the title transfer, but it creates practical problems — unpaid tax notices go unnoticed, and delinquent tax situations can develop.

What the Affidavit Cannot Do

The Affidavit of Descent does not substitute for formal probate when formal probate is actually required. If the decedent had outstanding debts, creditor claims, or a taxable estate with Class B or Class C beneficiaries, the estate may need to go through the District Court process. The affidavit simply clears the real estate title — it does not address the estate's liabilities.

Additionally, if the decedent's estate includes personal property exceeding $30,000 (the threshold for the small estate dispensation under KRS 395.455), formal probate must be opened separately to address that personal property. The real estate affidavit handles only the real property title.

The Affidavit of Descent is one of several documents used during Kentucky estate settlement to transfer property without full probate. The When Someone Dies in Kentucky — Estate Settlement Guide covers this document alongside the full estate settlement roadmap — from the first 48 hours after death through the final court discharge of the personal representative.

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