Affidavit of Surviving Joint Tenant (Kentucky)

IMPORTANT LEGAL NOTICE
This affidavit documents the death of a joint tenant whose vesting instrument expressly created survivorship. KRS 381.120 does not give an ordinary joint tenancy automatic survivorship; KRS 381.130(1) preserves it when that intent manifestly appears from the instrument. For a conveyance or devise to spouses, KRS 381.050 separately provides tenancy in common unless entirety survivorship is expressly provided. Use this form only after examining the vesting instrument and confirming the county clerk's recording requirements. An Affidavit of Descent under KRS 382.120 addresses intestate descent instead. Ask the clerk whether a certified death certificate must accompany this affidavit.

AFFIDAVIT OF SURVIVING JOINT TENANT

Commonwealth of Kentucky

Prepared By:
_____________________________________________
(Individual preparer's signed name and address; confirm recordability with the county clerk)

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Valuation Administrator (PVA) Parcel ID:
_____________________________________________

SPACE ABOVE THIS LINE FOR COUNTY CLERK'S USE

DOCUMENT INFORMATION

ARTICLE I: AFFIANT

COMMONWEALTH OF KENTUCKY
COUNTY OF _________________

I, [AFFIANT FULL LEGAL NAME], of [STREET ADDRESS, CITY, STATE, ZIP], being first duly sworn, state upon oath as follows:

Section 1.1 Competency and Personal Knowledge

I am over the age of eighteen (18) years, am under no legal disability, am competent to testify, and make this Affidavit of my own personal knowledge. I am the surviving joint tenant of the real property described in Exhibit "A" and have personal knowledge of the facts recited herein.

ARTICLE II: SWORN RECITALS

Section 2.1 The Decedent

[DECEDENT FULL LEGAL NAME] ("Decedent") died on [__/__/____], at [CITY], [COUNTY] County, [STATE]. ☐ A certified copy of the Decedent's death certificate is attached and incorporated herein by reference, if required by the county clerk.

Section 2.2 Vesting Deed Creating the Joint Tenancy with Survivorship

Title to the real property described in Exhibit "A" (the "Property") was vested in the Decedent and the Affiant as joint tenants with right of survivorship, and not as tenants in common (☐ or as tenants by the entirety with right of survivorship), by [DEED TYPE] dated [__/__/____], of record in Deed Book _______ at Page _______ (or as Document/Instrument No. _____________) in the Office of the [COUNTY] County Clerk. The vesting instrument expressly provides that the interest of a deceased co-owner shall belong to the survivor(s), satisfying KRS 381.130 as an exception to KRS 381.120.

Section 2.3 Legal Description and Parcel

The Property is situated in [COUNTY] County, Commonwealth of Kentucky, and is legally described in Exhibit "A" attached hereto and incorporated herein. The PVA Parcel ID is _____________________________.

Section 2.4 Affiant Is the Surviving Joint Tenant

At the time of the Decedent's death, the Property was owned by the Decedent and the Affiant as joint tenants with right of survivorship (or as tenants by the entirety). The Affiant survived the Decedent and is the surviving joint tenant named in the vesting deed identified in Section 2.2.

☐ The Affiant is the sole surviving joint tenant.
☐ The surviving joint tenants are: ________________________________________

Section 2.5 Vesting of Title by Right of Survivorship

Upon the death of the Decedent, by operation of the right of survivorship expressed in the vesting deed and preserved under KRS 381.130, all right, title, and interest of the Decedent in the Property terminated and vested in the surviving joint tenant(s). Title to the Property is now vested solely in the surviving joint tenant(s) named above.

Section 2.6 Estate / Inheritance Tax and Liens

☐ Kentucky Inheritance Tax. Property passing to a Class A beneficiary, as defined in KRS 140.070, is exempt from Kentucky inheritance tax under KRS 140.080. The Affiant states that:
☐ No Kentucky inheritance tax is due because all takers are exempt (Class A) beneficiaries; OR
☐ Any Kentucky inheritance tax due ☐ has been ☐ will be paid, and no Kentucky inheritance tax lien remains on the Property.
☐ Federal Estate Tax (Form 706). Estate counsel has determined whether a federal estate tax return is required and whether any federal estate tax lien affects the Property: [________________________________].
☐ To the best of the Affiant's knowledge, there are no unpaid liens, judgments, or encumbrances against the Decedent that constitute a lien on the Property, except as follows: ________________________________________

Section 2.7 Statutory Basis

This affidavit documents the survivorship intent expressed in the vesting instrument under KRS 381.130(1), as an exception to KRS 381.120. If the instrument conveyed the property to spouses, KRS 381.050 also governs whether entirety survivorship was created. Confirm with the county clerk that this affidavit is recordable and what supporting documents the clerk requires. This is not an Affidavit of Descent under KRS 382.120, which addresses intestate descent.

Section 2.8 Request to Record

Subject to the county clerk's confirmation that this affidavit is recordable and that all supporting documents are supplied, the Affiant requests recording in the Office of the [COUNTY] County Clerk, Commonwealth of Kentucky, to document the survivorship vesting of title.

ARTICLE III: VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NAUGHT.

________________________________________
[AFFIANT NAME], Affiant

COMMONWEALTH OF KENTUCKY
COUNTY OF _________________

The foregoing Affidavit of Surviving Joint Tenant was subscribed and sworn to
before me this _____ day of _________________, 20_____, by
[AFFIANT NAME].

________________________________________
Notary Public, Kentucky State-at-Large
Print Name: ____________________________
My Commission Expires: _________________
Commission Number: ____________________

[OFFICIAL STAMP, IF USED]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, Commonwealth of Kentucky:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

PVA Parcel ID: _____________________________________________

Being the same property conveyed to [DECEDENT] and [AFFIANT], as joint tenants with right of survivorship, by deed dated _________________, of record in Deed Book _______ at Page _______ (or Document/Instrument No. _____________) in the Office of the _________________ County Clerk.

ATTACHMENT - CERTIFIED DEATH CERTIFICATE

Confirm with the county clerk and title examiner whether a certified copy of the Decedent's death certificate must accompany this affidavit before recording.

☐ Certified copy of death certificate attached, if required by county clerk

KENTUCKY RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Note: Confirm the clerk's current recording category and fee before presenting this affidavit. Do not relabel it "Affidavit in Aid of Title" or "Affidavit in Support of Title" without confirming that the clerk accepts that instrument. A document that merely evidences survivorship and does not convey title is outside the deed transfer-tax rule in KRS 142.050; have counsel confirm the treatment of the actual instrument submitted.

Important Kentucky Distinctions

1. Use survivorship affidavit ONLY for express survivorship. KRS 381.120 does not give ordinary joint tenancies automatic survivorship; KRS 381.130(1) preserves it when the vesting instrument manifests that intent. KRS 381.050 specifically addresses conveyances or devises to spouses. If the instrument lacks survivorship language, the decedent's interest may pass by devise or intestacy, and probate or an Affidavit of Descent under KRS 382.120 may be required instead.
2. Affidavit of Descent is different. KRS 382.120's Affidavit of Descent is used when property passes by intestate descent and recites heirs at law; do not confuse it with this survivorship affidavit.
3. Tenancy by the entirety. Available to married couples and carries survivorship; if the vesting deed created an entirety estate, recite that instead of joint tenancy.

Statutory References

• KRS 381.050 - Spousal conveyances or devises without express entirety survivorship create tenancy in common
• KRS 381.120 - Common-law right of survivorship abolished (subject to exceptions)
• KRS 381.130 - Exceptions to KRS 381.120 (survivorship where instrument so provides)
• KRS 382.110 - Recording of instruments; county clerk
• KRS 423.300(27), 423.360 - Verification on oath or affirmation and notarial certificate
• KRS 382.335 - Preparation statement
• KRS 382.120 - Affidavit of Descent (distinguished; intestate descent only)

THIS INSTRUMENT PREPARED BY (KRS 382.335):

_____________________________________________
Name / Attorney Name

_____________________________________________
Address

_____________________________________________
Signature

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Kentucky attorney before using this form.