Louisville Kentucky Heirship Affidavit - Descent

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State:
Kentucky
City:
Louisville
Control #:
KY-02501
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Word; 
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Description

This Heirship Affidavit form is for a person to complete stating the heirs of a deceased person. The Heirship Affidavit is commonly used to establish ownership of personal and real property. It may be recorded in official land records, if necessary. Example of use: Person A dies without a will, leaves a son and no estate is opened. When the son sells the land, the son obtains an heirship affidvait to record with the deed. The person executing the affidavit should normally not be an heir of the deceased, or other person interested in the estate.

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FAQ

Pursuant to Kentucky statute, the affiant (person making the sworn statements contained within the affidavit) may be the grantor or any one (1) of the heirs at law or next of kin of the ancestor of the grantor, or of two (2) residents of the Commonwealth of Kentucky.

The affidavit shall contain the name, address, and signature of the person who prepared the instrument as required by KRS 382.335. The document may be signed by any party to the deed or the attorney who prepared the deed or other persons with personal knowledge. The signature must be notarized.

In Kentucky, the term ?next of kin? is often used synonymously with the term ?heirs.? Next of kin heirs for purposes of intestate inheritance in Kentucky are generally the: Surviving spouse. Children and descendants. Parents.

Which Estates Go Through Probate in Kentucky? Typically, those estates with greater than $15,000 in probate assets will be subject to probate. So what kind of assets are probate assets? Generally, any assets held in an individual's name only are subject to probate.

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.

This form is to allow the Executor(s)/Next of Kin to transfer shares from a person who has passed away into their name(s) and provides information in regards to how the shares can be sold.

An affidavit of descent is filed when a person dies intestate or without a will. Document must be signed by the affiant and signature notarized. The affidavit, per KRS382. 120, must have: Name of the deceased (ancestor)

A Kentucky small estate affidavit, legally titled the 'Petition to Dispense with Administration' or Form AOC-830, can be used to avoid the hassles of probate while distributing the assets of a small estate.

Living trusts 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).

According to the Kentucky Revised Statutes 395.010, it must be completed within 10 years after the person's death. However, it is better to file soon after the person's death and to complete the probate process as quickly as possible.

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Louisville Kentucky Heirship Affidavit - Descent