Affidavit of Real Property Transfer or Intestate Succession
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 affidavit, per KRS 382.135, section 4, must include:
- 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.
The document is recorded in the deed book and indexed in the general index of deeds. Index the deceased and the affiant as the first party, index the receiver or heirs as the second party.
OAG 91-165 clarifies Affidavit of Real Property Under Will - The 1990 General Assembly provided for statements of value to be contained in a similar document relating to transfers by will or by intestacy. Under KRS 382.135, the personal representative of an estate is required to file an affidavit setting forth the property interests transferred, the value of the interests, and the names and addresses of the persons receiving the property.