Affidavit of Surviving Joint Tenant (Kentucky)

IMPORTANT LEGAL NOTICE
This Affidavit of Surviving Joint Tenant is a sworn instrument recorded to clear title after the death of one joint tenant whose deed expressly created a right of survivorship. In Kentucky, co-owned real property is presumed to be held as a TENANCY IN COMMON unless the deed clearly creates a joint tenancy with right of survivorship or a tenancy by the entirety (KRS 381.050). The common-law right of survivorship in joint tenancy was abolished by KRS 381.120, BUT survivorship is preserved where, "from the tenor of the instrument," it appears the part of the one dying should belong to the others (KRS 381.130). This affidavit is appropriate ONLY when the vesting deed expressly provides for survivorship. It is NOT an "Affidavit of Descent" (KRS 382.120), which is used only when property passes by intestate descent. Attach a certified copy of the death certificate.

AFFIDAVIT OF SURVIVING JOINT TENANT

Commonwealth of Kentucky

Prepared By:
_____________________________________________
(Preparation statement required - KRS 382.335)

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 hereto and incorporated herein by reference.

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 (including a surviving spouse, child, parent, grandchild, and certain other close relatives) is exempt from Kentucky inheritance tax (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). A United States Estate Tax Return (Form 706) ☐ is ☐ is not required to be filed as a result of the Decedent's death. (Selection determines whether a federal estate tax lien may attach to 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 is made pursuant to KRS 381.050, KRS 381.120, and KRS 381.130 (recognizing the right of survivorship where the vesting instrument so provides), and is recorded under KRS 382.110, to evidence the vesting of title in the surviving joint tenant(s) and to clear the record title of the deceased joint tenant's interest. This is NOT an Affidavit of Descent under KRS 382.120, which applies only to property passing by intestate descent.

Section 2.8 Request to Record

The Affiant requests that this affidavit, together with the attached certified copy of the death certificate, be recorded in the Office of the [COUNTY] County Clerk, Commonwealth of Kentucky, to evidence 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, sworn to,
and acknowledged before me this _____ day of _________________, 20_____, by
[AFFIANT NAME].

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

[NOTARIAL SEAL]

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

ATTACH a certified copy of the Decedent's death certificate to this affidavit before recording. The death certificate is the primary proof of the Decedent's death that terminates the joint tenancy and vests title in the surviving joint tenant(s).

☐ Certified copy of death certificate attached

KENTUCKY RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Note: Fees may vary by county. A survivorship affidavit clearing title (sometimes filed as an "Affidavit in Aid of Title" or "Affidavit in Support of Title") is generally not subject to Kentucky real estate transfer tax (KRS 142.050), because no taxable conveyance occurs — title passed by operation of law on the Decedent's death.

Important Kentucky Distinctions

1. Use survivorship affidavit ONLY for express survivorship. Kentucky presumes tenancy in common (KRS 381.050) and abolished common-law survivorship (KRS 381.120). Survivorship survives only where the deed so provides (KRS 381.130). If the deed lacks survivorship language, the decedent's interest passes through the estate (testate or intestate), and an Affidavit of Descent (KRS 382.120) or probate 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 - Estates to two or more persons presumed 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 382.130 - Signature / acknowledgment requirements
• 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.