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Kentucky Affidavit of Heirship Form for Inheritance
The loss of a loved one is never pleasant and, in most cases, the inheritance process should not make it any easier when no will is available, either. In Louisville, Lexington, or Bowling Green, knowing how the Affidavit of Heirship works makes it go much easier. This guide explains the steps that you can use to claim both real property and personal property in Kentucky by the Affidavit of Heirship without the necessity of full probate.
What Is an Affidavit of Heirship?
An Affidavit of Heirship, or sometimes referred to as an Affidavit of Descent, is a sworn statement confirming the legal heirs to someone who died without leaving a will. This is an affidavit that can be utilized concerning real estate as provided by the KRS 382.120. There is also an availability of a Small Estate Affidavit process for smaller personal estates.
Who Can Prepare the Affidavit?
An heir may also file the affidavit of two people who knew the deceased and are not beneficiaries. These people need to be found in Kentucky and possess the first-hand information concerning the family structure and assets of the decedent.
What Information Is Required?
The affidavit typically includes:
Full name and date of death of the deceased
Names and relationships of all known heirs (spouse, children, etc.)
Description and location of the property involved
A statement confirming the decedent died without a will
Where Should It Be Filed?
The final copy of the affidavit should be registered with the county clerk in the same county where the given property is located, e.g., in Owensboro or other cities. It amounts to heirship as prima facie evidence of heirship, and in certain cases, it may be necessary to obtain a clear title in court.
What Is the Small Estate Affidavit?
For personal property valued at $15,000 or less, heirs may file a Small Estate Affidavit using Form AOC-830. This process:
Can be initiated 30 days after the death
Applies only if no probate proceedings have begun
Is limited to the surviving spouse, children, or preferred creditors
Is regulated under KRS § 395.455
Why Is the Affidavit of Heirship in Kentucky Important?
This form is especially useful for:
Transferring property ownership after a family member dies intestate
Supporting claims to personal property like bank accounts or insurance
Helping title companies establish legal ownership for property transactions
Avoiding or minimizing probate in qualifying situations
Steps to Get a Legal Heir Affidavit
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Gather the Necessary Details
Names, addresses, and relationships of all heirs
Date and place of death
List of estate assets and debts
Download the Form
A legally recognized Affidavit of Heirship template is available at our website for free download here.
Fill Out the Affidavit
Include all required details and state whether a will exists
Attach a copy of the will if applicable
Notarize the Document
Before a notary changes the affidavit
Add two disinterested signatures of witnesses, in case required
File and Use the Affidavit
At the local county clerk's office, you should record the affidavit
A takeover or a sale of property should be copied into the document
Common Uses for the Kentucky Affidavit of Heirship
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House / Real Estate Transfers: While the affidavit helps identify heirs, some title companies may still require probate for a full legal transfer.
Motor Vehicle Transfers: The Kentucky Transportation Cabinet may accept an affidavit if no formal estate process exists.
Insurance and Bank Claims: Helps verify heirship for access to financial accounts.
Sample Template Overview
A typical affidavit includes:
Decedent’s name, date of death, and location
List of heirs and their relation to the decedent
Asset descriptions and property addresses
Confirmation of no existing will or reference to an attached copy
Notary and witness signatures
Summary Table: Affidavit Options in Kentucky
| Affidavit Type | Property Type | Limit / Threshold Timing / Conditions | Law Reference |
|---|---|---|---|
| Affidavit of Heirship | Real estate | No limit- After Death | KRS § 382.120 |
| Small Estate Affidavit | Personal property | ≤ $15,000 - 30 days after death | KRS § 395.455 |
Final Tips
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Always use the Kentucky-specific version of the affidavit from a reliable platform.
Speak to the county clerk’s office before using the affidavit for property transfers.
Make sure all debts, taxes, and expenses are settled before distributing the estate.
Ready to Get Your Affidavit of Heirship Form?
Make the inheritance process easier nowadays. Start today the process of claiming what you own, download your Kentucky Affidavit of Heirship Form free of charge at- https://forms.legal/free-ky-affidavit-of-heirship-form/ . We have legally valid forms that are simple to complete and use to get your onward journey started, with confidence.