Get Kentucky Warranty Deed From Husband And Wife To A Trust

Kentucky charges a real estate transfer tax for recording a deed that transfers real estate. The transfer tax rate is $0.50 per $500.00 of the property's value.

Probate is not always necessary, but it may be desirable to prevent problems and fraud. In Kentucky, estates with greater than $15,000 in probate assets are typically subject to probate and must be administered through the probate courts.

A transfer on death deed, or a TOD Deed, allows for individuals to pass real property to a beneficiary upon their death. Because the transfer occurs through the deed itself and is made effective upon death, the transfer is not part of the probate process.

Focusing on this geographical region, the Deed of Trust is the preferred or required security instrument for real property in the following states: Maryland, North Carolina, Tennessee, Virginia and West Virginia. Mortgages are used in Kentucky, Ohio and Pennsylvania.

In short, when selling property, all parties on the deed must sign to relinquish their interest therein. When buying property in Kentucky, if you are married, both spouses must sign mortgages associated with the property whether or not they appear on the note and deed.

Kentucky Transfer-on-Death Deeds Kentucky has not authorized transfer-on-death (TOD) deeds. Property owners in states that allow TOD deeds can record a TOD deed during life without giving up any rights in the property until the owner's death.

Kentucky requires the person transferring property (the grantor) and the person receiving property (the grantee) to sign the deed. A deed from or to more than one person must be signed by all grantors and grantees. A deed involving an entity must be signed by a representative with legal power to act for the entity.

In Kentucky, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).