Kentucky Heirship Affidavit - Descent
About this form
The Heirship Affidavit - Descent is a legal document used to declare the heirs of a deceased person. Its primary purpose is to establish ownership of personal and real property, especially when the deceased has not left a will. This affidavit can be recorded in official land records, making it crucial in transactions where proof of heirship is necessary, such as when an heir intends to sell inherited property.
Main sections of this form
- Affiant's personal information, including name and address.
- Name of the deceased and details about their family relationships.
- Questions regarding the existence of a will and the appointment of an administrator.
- Information about surviving relatives, including children, spouse, and siblings.
- Details about any real estate owned by the deceased.
- Signature and notarization sections to validate the affidavit.
When this form is needed
This affidavit is commonly used when a person dies intestate (without a will) and their heirs need to establish their legal right to inherit property. For example, if a son needs to sell land that belonged to a deceased parent and there is no estate opened, he must provide this affidavit to prove his status as an heir during the sale process.
Who this form is for
- Individuals needing to declare heirs of a deceased relative.
- Heirs looking to claim ownership of property when no will exists.
- Real estate professionals assisting clients in property transactions affected by intestacy.
- Personal representatives or legal advisors involved in estate matters.
Instructions for completing this form
- Identify yourself as the affiant by entering your name and address.
- Provide the name of the deceased and details of their death.
- Answer the questions regarding the existence of a will and details about surviving relatives.
- List any real estate owned by the deceased.
- Sign the affidavit and have it notarized to validate your statements.
Does this form need to be notarized?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to notarize the affidavit, which can invalidate the document.
- Missing or incorrect names and addresses of heirs and relatives.
- Not fully answering questions regarding the deceased's marital status or previous marriages.
- Using vague descriptions of real estate instead of specific addresses.
Benefits of completing this form online
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- Editable templates that save time and reduce errors.
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FAQ
An Affidavit of Heirship is a sworn statement that heirs can use in some states to establish property ownership when the original owner dies intestate. Affidavits of Heirship are generally used when the decedent only left real property, personal property, or had a small estate.
The California Affidavit of Heirship is used by administrators to determine ownership of real and personal property in the estate of a deceased relative, especially if the property was not specified in the decedent's will or there is no will at all.
(A judgment in this case is a court order, in writing, reciting that the deceased person is dead, the date of death and a list of who are the heirs.) Proof. Once the judgment is issued, copies of the judgment can be used to show proof as to who is entitled to estate assets.
The price of the Affidavit of Heirship is $500. This price includes the attorneys' fees to prepare the Affidavit of Heirship and the cost to record in the real property records. You can save $75 if you record the Affidavit of Heirship yourself.
A fee of $15 for the first page and $4 for each additional page is common. Ask if you can file the two affidavits of heirship as one document. Some counties let you file the two affidavits of heirship as one document if the decedent and property descriptions are the same.
Get a copy of the probated will. Obtain a certified copy of the death certificate. Draft a new deed that names you as the property owner. Sign the new deed and have it notarized.
Some of the most common ways states provide for transferring property into the name of an heir when there was no will include filing a small estates affidavit or affidavit of heirship, requesting letters of administration, and initiating court proceedings.
Death Certificate. The first thing in the list is Death Certificate. Claim Application Form. Claim form is the form which needs to be filled by you at the time of making the claim. Probate of WILL. Succession Certificate.
