KRS 382.120: Real property acquired by descent -- Requirements for conveyance of --

Indexing -- Clerk's fees.

(1) Before any deed to real property, the title to which has passed to the grantor under

the laws of descent, is filed for record the grantor or grantee, or the agent or attorney

or either, shall present to the county clerk the affidavit of 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 this state, each of whom has personal knowledge of the facts, which

affidavit shall set forth:

(a) The name of the ancestor;

(b) The date of the ancestor's death;

(c) Whether the ancestor was married or single, and if married, the name of the

surviving spouse and his or her address;

(d) The place of residence at the time of the ancestor's death, if known to the

affiant or affiants;

(e) The fact that the ancestor died intestate; and

(f) The names, ages and addresses, so far as known or ascertainable, of each of

such ancestor's heir at law and next o f kin, who by his death inherited such

real property, and the relationship of each to the ancestor and the interest in

such real property inherited by each.

(2) The affidavit shall be filed with the clerk of the county in which the real property is

situated, at or before the time when the deed or conveyance is filed with the clerk

for record, and shall be recorded in the record of deeds, and indexed in the general

index of deeds in the name of such ancestor as grantor, and in the name of each of

such heirs at law or next of kin as grantees, in the same manner as if such names

occurred in a deed of conveyance from the ancestor to the heirs at law. For indexing

and recording the affidavit, the clerk shall receive the same fees as are allowed for

recording and indexing deeds.

(3) No county clerk or deputy clerk shall receive or permit to be lodged for record any

such deed until the affidavit has been presented to him, but nothing in this section

shall prevent the recording from being legal of any such deed lod ged for record

prior to the filing of the affidavit.