Acknowledgement Required for Deeds

The statutory requirements for acknowledgements are as follows:

Deeds executed in the state (KRS 382.130)

Deeds executed in the state may be admitted to record;

(1) On the acknowledgement, before the proper clerk, by the party making the deed;

(2) By the proof of two subscribing withnesses, or by the proof of one subscribing witness, who also proves the attestation of the other;

(3) By the proof of two witnesses that the subscribing witnesses are both dead; and also like proof of the signature of one of them and of the grantor;

(4) By the like proof that both of the subscribing witnesses are out of the state, or that one is so absent and the other is dead; and also like proof of the signature of one of the witnesses and of the grantor; or

(5) On the certificate of a county clerk of this state, or any notary public, that the deed has been acknowledged before him by the party making the deed or proved before him in the manner required by subsection (2), (3) or (4).

Signing by making an "X" or a mark

The following OAG's opinion addresses this issue, as well as KRS 382.130(5).

OAG 68-438. A grantor, a husban, may sign a deed by making his mark before a notary public, and his acknowledgement of his execution of the deed may be validly taken before a notary, no witnesses to the "mark" signature being necessary; the acknowledgement certificate signed by the notary is sufficient.

Deeds executed out of state (KRS 382.140)

Deeds executed out of this state and within the United States or any of its dependencies may be admitted to record when certified, under the seal of his office or court, by a judge, clerk or deputy clerk of a court, or by a notary public, mayor of a city, secretary of state, commissioner authorized to take acknowledgement of deeds or justice of the peace, to have been acknowledged or proved before him in the manner required by KRS 382.130.

OAG 63-1062. The seal of a notary public must be affixed to a certificate of acknowledgement of a deed executed out of the state in order for the deed to be admitted to record, but the seal is not essential to the validity of acknowledgements of other deeds.

Original signature - the word executed means signed. Black's Law Dictionary - "Execute. To complete; to make; to sign; to perform... To perform all necessary formalities, as to make and sign a contract."