Affidavit of Descent, Affidavit of Heirship


KRS 382.120 (filed when a person dies intestate or without a will)

Document must be: signed by the affiant and signature notarized. (KRS 382.130)

The affidavit, per KRS 382.120, 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 or her mailing address.
  • The place of residence of the deceased (ancestor) at time of death
  • The fact that the deceased (ancestor) died intestate (without a will)
  • 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 deceased (ancestor) and the interest in such real property inherited by each

The clerk shall request a return mail address (KRS 382.240)

The affidavit shall be filed with the clerk of the county in which the property is situated. It shall be recorded in the record of deeds and indexed in the general index of deeds, in the name of the deceased (ancestor) and the affiant as the first party and in the name of each receiver (heirs at law and next of kin) as the second party, in the same manner as if such named occurred in a deed of conveyance from the deceased (ancestor) to the heirs at law.

OAG 91-165 clarifies affidavit of descent - An affidavit of descent must be filed when a grantor conveys property that the grantor has acquired under the laws of descent. An affidavit of descent merely supplies a source of title for the grantor. Since the grantor's deed to the grantee must include a statement of value, there is no need for the affidavit of descent also to contain such a statement.

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