Affidavit of Heirship in Kentucky

Yes. Before a deed of real estate inherited without a will can be recorded, an affidavit of descent must be filed with the county clerk where the land is located. It may be made by the grantor, any heir, or two Kentucky residents with personal knowledge, and must state the decedent's name, date of death, marital status and spouse, last residence, that the decedent died without a will, and each heir's name, age, address, relationship and share. The clerk records it in the deed books, indexed from the decedent to the heirs. Separately, any person claiming an interest may ask the District Court to determine heirs by motion, with at least 20 days' notice.

Under the law effective July 15, 2026: the surviving spouse takes everything if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants. The spouse takes one-half if the decedent had descendants who are not the spouse's, or if the spouse has descendants who are not the decedent's. Whatever does not pass to the spouse goes to the children and their descendants; if none, to the parents equally (or all to the surviving parent); then to brothers and sisters and their descendants; then half to the paternal and half to the maternal grandparents; then to aunts and uncles and their descendants; then to stepchildren; and finally to the state.