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Condominiums

Condominium Deed

The document must have the following:

  • First party and their mailing address
  • Second party and mailing address
  • Description (unit number, condo name, etc)
  • State that the property is “a condominium unit”
  • Source of title must include the Book and Page reference to the master deed and the cabinet and slide to the floor plan.
  • Preparation Statement
  • Consideration certificate

The clerk shall request a return mail address.

The grantors must sign the deed and the signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement & the signatures must be notarized. The document must be filed in the County Clerk’s office of the county where the property is located (or the greater part).

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Condominium Mortgages

The document requires:

  • First party (mortgagor, borrower)
  • Second party (mortgagee, lender) and their mailing address
  • Amount of the mortgage
  • Maturity date (except for revolving credit accounts which do not require a maturity date) relating to obligations, if the document states “due on demand” this requirement is satisfied
  • Legal Description of the property (Common Law and OAG 81-100)
  • Preparation Statement

The clerk shall request a return mail address.

Document must be: signed by the mortgagor(s) and the signature(s) acknowledged (notarized). The document must be filed in the County Clerk’s office of the county where the property is located (or the greater part).

Condominium Plats

Condo Plats (Floor Plans) require:

  • The layout, location, unit numbers and dimensions of the units
  • The name of the property or that it has no name
  • Certification from a registered architect or professional engineer that the plans fully and accurately depict the layout, location, unit numbers and dimensions of the units as built
  • If the plans do not include a verified statement by such architect or engineer that such plans fully and accurately depict the layout, location, unit numbers and dimensions of the units as built, there shall be recorded prior to the first conveyance of any unit an amendment to the declaration to which shall be attached a verified statement of a registered architect or professional engineer so certifying as to the plans theretofore filed, or being filed simultaneously with such amendment

Condominium plats (floor plans) are not required to go through the planning commission. However additional expense fee may be charged as similar to the plats if the planning commission requires consistency for the preparation of a blue line.

Master Condominium Deed

The master deed establishes a Horizontal Property Regime per KRS381.815 & 381.810. Definitions regarding the horizontal property are found in KRS381.810 & recording requirements are listed in KRS381.835.

The document must have:

  • The name of the property owner
  • The name of the condominium
  • Description of the land
  • General description and the number of each unit
  • Description of the general common elements of the building
  • Preparation Statement
  • A set of the floor plans must be filed simultaneously with the master deed. These are recorded in the condominium plat records, or the regular plat records, if a separate set of plat records is not maintained

The property owner must sign the document, and the signature must be acknowledged (notarized).

The clerk shall request a return mail address.

Legal process tax & Real Estate tax does not apply to this document.

Corporate Records

Articles of Incorporation for Business and Non-Profit Corporations

For Private Corporations and Non Profit Corporations

  • The document must be: Executed by one of the offices authorized in KRS271B.1-200(6) and KRS273.252
  • Document must be filed with the Secretary of State FIRST
  • The clerk is presented one exact or conformed copy having the stamp of the Secretary of State

Assumed Names

  • AKA (Also Known As)
  • DBA (Doing Business As)
  • Fictitious Name Filing

The document must have:

  • The name being assumed
  • The real name and address of the individual or entity assuming the name. A domestic general partnership must include the real name of each partner
  • The document must be filed in county where the entity is deemed a resident under provisions of KRS355 (see KRS355.401 for specific requirements).
  • Assumed names may or may not have a Preparation Statement (KRS 382.335).

The document must be executed as follows:

  • Individual – by the individual
  • Partnership – by at least one authorized partner
  • Limited liability partnership – by at least one partner authorized to do so by the partners
  • Limited partnership – by a general partner
  • Limited liability company – by a member or manager authorized to act for the limited liability company
  • Business trust – by the trustees
  • Corporation – by a person authorized to act for the corporation

Assumed Name Renewals
Assumed names are effective for 5 years from the date of registration and can be renewed by filing a renewal certificate 6 months prior to the expiration or renewal date. The filing requirements are the same as for the original.

Assumed Name Withdrawal

Assumed name withdrawals are done in a similar manner per KRS365.015, section 4 with the additional information of “date the original was filed” as a requirement.

Declaration of Trust

The document must have the following:

  • The individual(s) who is establishing the trust
  • The name of the trust and/or the trustee
  • The Trustee(s) Preparation Statement

The clerk shall request a return mail address.

The document may or may not be notarized.

Partnerships

Partnership agreements or certificates are filed with the Secretary of State first, then with County Clerk.

The document must have:

  • The stamp from the Secretary of State on it in order to be filed at the county level
  • The person presenting the partnership to the Secretary of State should present two copies–one is filed there and one stamped as having been filed
  • This copy is then recorded at the County Clerk’s office in the county where the partnership maintains an office

Deeds

Condominium Deed

The document must have the following:

  • First party and their mailing address
  • Second party and mailing address
  • Description (unit number, condo name, etc)
  • State that the property is “a condominium unit”
  • Source of title must include the Book & Page reference to the master deed and the cabinet and slide to the floor plan
  • Preparation Statement
    Consideration certificate

The clerk shall request a return mail address.

The grantors must sign the deed and the signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement & the signatures must be notarized. The document must be filed in the County Clerk’s office of the county where the property is located (or the greater part).

Condominium – Master Deed

The master deed establishes a Horizontal Property Regime per KRS381.815 & 381.810. Definitions regarding the horizontal property are found in KRS381.810 & recording requirements are listed in KRS381.835.

The document must have:

  • The name of the property owner
  • The name of the condominium
  • Description of the land
  • General description and the number of each unit
  • Description of the general common elements of the building
  • Preparation Statement
  • A set of the floor plans must be filed simultaneously with the master deed. These are recorded in the condominium plat records, or the regular plat records, if a separate set of plat records is not maintained.

The property owner must sign the document, and the signature must be acknowledged (notarized).

The clerk shall request a return mail address.

Consideration Certificate

Provides that a statement of consideration be on virtually all deeds. The Statement shall be sworn and notarized by both parties as to the true consideration in the deed.

A statement of the full consideration is required on all deeds except for the following:

  1. Deeds which only convey utility easements;
  2. Deeds which transfer property through a court action pursuant to divorce proceedings;
  3. Deeds that convey right-of-ways that involve governmental agencies;
  4. Deeds which convey cemetery lots; and
  5. Deeds which correct errors in previous deeds, conveying the same property, from the same grantor to the same grantee.

Contract for Deed (Land Purchase Contract)

Document must have:

  • Name of seller
  • Name of the buyer and their mailing address
  • Legal description of the property (Common Law & OAG 81-100)
  • Source of title
  • Preparation Statement

The clerk shall request a return mail address.

Document must be: Signed and acknowledged (notarized) by both parties.

The title remains with the seller until the completion of the contract, at which time the seller must tender a deed to the buyer.

Transfer tax is then collected on the deed. It is not collected on the contract. Legal process tax is collected because the land contract is analogous to a mortgage and a conveyance has occurred.

Deed

Recording of deeds, KRS382.110

The document must have:

  • First party (seller, grantor) and their mailing address
  • Second Party (buyer, grantee) and their mailing address
  • Consideration statement
  • Legal Description
  • Source of title
  • Preparation Statement
  • Return mail address

The grantor (seller) must sign the deed and the signatures must be acknowledged (notarized). The grantor (seller) & grantee (buyer) must sign the consideration statement and the signatures must be notarized. (KRS 382.135 & KRS382.120) The document must be flied in the county where the property is located (or greater part). KRS382.110

Transfer tax is collected on the consideration in the deed per KRS142.050. The tax is computed at the rate of $.50 per $500 value or fraction thereof. (Example: A deed lists a purchase price of $10,000.00. The deed tax due would be $10.00 plus the filing fee.) The transfer tax applies to the value listed in the deed and is imposed upon the grantor (seller). KRS142.050 (7) lists the types of deeds that are exempt from this tax.

Deeds Executed in a Foreign Country

Deeds not executed within the United States or any of its dependencies, may be, admitted to record when certified, under his/her seal of office, by any foreign minister, officer in the consular service of the United States, secretary of legation of the United States, or by the secretary of foreign affairs or a notary public of the nation in which the acknowledgement is made, or by the judge or clerk of a superior court of the nation where the deed is executed, to have been acknowledged or proven before him/her in the manner prescribed by law.

Deed of Correction

A deed of correction may be prepared to clear up a defect in title or to correct a mistake.
An example may be the number of acres or a source of title. A deed of correction does not convey interest in land. It is important to note that the original grantor (seller) and grantee (buyer) must be the same in the deed of correction. One cannot add, remove or change a grantor and grantee in a deed of correction. If the deed includes any other parties it is not a deed of correction.

The document must have:

  • First Party (seller, grantor) and their mailing address (KRS 382.135, KRS382.200)
  • Second Party (buyer, grantee) and their mailing address
  • Consideration Statement
  • Legal Description
  • Source of title
  • Preparation Statement
  • Return mail address
  • The reason for the correction must be apparent
  • The document must state that it is a deed of correction and must refer to the deed it is correcting

The grantor must sign the deed and the signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement and the signatures must be notarized. The document must be filed in the County Clerk’s office where the property is located.

Transfer tax would apply only if the consideration amount has been changed.

Deed of Covenants & Restrictions

Also known as:

  • Deed of Restrictions and Covenant
  • Deed of Covenants and Restrictions
  • Deed of Restrictive Covenants

The document must have the following information:

Document is filed in the deed book or the condominium deed book, if it applies to a condominium and a separate deed book is maintained.

The document must have:

  • A description of the property the restrictions are being placed upon
  • Preparation Statement

The Clerk shall request a return mail address.

The document must be: signed by the person or entity imposing the restrictions on the property and the signature notarized.

Deed of Easements

The document must have:

  • Name of the grantor
  • Name of the grantee and their mailing address
  • Consideration statement signed by both parties and notarized*
  • Legal description (Common Law and OAG 81-100)
  • Address of each parcel
  • Source of title
  • Preparation Statement
  • Return mail address

* indicates Documents which convey only utility easements do not require a consideration statement.

Documents must be: signed and notarized in the same manner as a deed. The grantor must sign the easement and the signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement and the signatures must be notarized.
To be recorded in the deed book and indexed in the general index to deeds. Indexed under both parties and each parcel affected. The first party is the seller (grantor). The second party is the buyer (grantee).

Deed of Release

Also known as:

  • Deed of Release
  • Satisfaction of Mortgage
  • Discharge of Mortgage

The document must have the following information:

  • Name of the person or entity releasing the obligation
  • Name of the individual or entity being released
  • The mortgage book and page reference being released, or the deed book and page in the case of a vendors lien
  • Partial releases require a description of the property being released
  • Release must state whole or partial release
  • Preparation Statement

The clerk shall request a return mail address.

Document must be signed by the party or parties executing the release and the signature(s) notarized.

Deed of Trust or Assignment

Also known as Bankruptcy Deed

The document must have:

  • First Party (debtor seller, grantor) and their mailing address
  • Second Party (Trustee) and their mailing address
  • Consideration Statement/Fair Market Value would be applicable if real property is involved
  • Legal description (Common Law) and OAG 81-100
  • Source of title if applicable
  • Preparation Statement
  • Return mail address

The grantor must sign the deed and signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement and the signatures must be notarized. The document must be filed in the County Clerk’s office of the county where the property is located (or the greater part).

Deed Quit Claim

A Quit claim deed is defined as follows:

A deed of conveyance operating by way of release; that is, intended to pass any title, interest or claim which the grantor may have in the premises, but not professing that such title is valid, no containing any warranty or covenants for title.

The purpose is for an individual to convey away any real or perceived interest in a piece of real estate and can encompass on property or all property in the county.

You do not receive the legal assurance of the general warranty of title when a quit claim deed is used.
Lease

The document must have the following information:

  • Name of the lessor
  • Name of the lessee and their mailing address
  • Legal description (Common Law and OAG 81-100)
  • A Preparation Statement

The clerk shall request a return mail address.

Both parties must sign the document and the signatures must be acknowledged (notarized).

Power Of Attorney

Filing requirements for a power of attorney to convey or release property are the same as required for recording a deed.

Document must have the following information:

  • Name of the person granting the power (grantor)
  • Name of the person receiving the power (grantee)

The clerk shall request a return mail address.

Document must be: Signed and acknowledged (notarized) by grantor

There are two types of powers. A general power of attorney that grants full power and a specific that allows only specific acts.

Power of Attorney Revocation

The document has the same requirements as a Power of Attorney.

Document must have the following information:

  • Name of the person revoking the power attorney
  • Name of the person being removed from the power attorney

Document must be: Signed and acknowledged (notarized) by the person revoking the power of attorney.

Real Estate Transfer Tax

Transfer tax is collected on the actual consideration paid or to be paid in the deed, unless it is a gift

If the deed is a gift or indicates nominal consideration, the tax is paid on the estimated price the property would bring in an open market

The transfer tax is imposed upon the grantor.

The tax is computed at the rate of $.50 for each $500.00 of value or fraction thereof. A deed cannot be recorded unless the real estate tax has been collected. The tax required to be levied by this section shall be collected only once on each transaction and in the county in which the property is conveyed, or the greater of the property is located.

Fixture and Other UCC Filings

As of July 1, 2001, all new UCC filings will be filed with the Kentucky Secretary of State’s Office, with the exception of the following:

  1. Title Liens
  2. Fixture Filings
  3. Timber (to be cut)
  4. Minerals to be extracted

Any questions concerning new UCC filings (other than exceptions) should be directed to the Secretary of State’s Office, UCC Branch.

Any fixture filing, or filing on timber to be cut, or minerals to be extracted would be designated to be filed in the real property records and must contain a reasonable description of the real estate.

New legislation eliminates the requirement for signatures of either the debtor(s) or secured party(s) on any UCC document or Title Lien Statement filed.

Fixture & Other UCC Filing Amendment

Filing Requirements:

  • File number of the initial financing statement
  • Name of the debtor
  • Name of the secured party
  • Provide a description of the real property (if collateral is added)

Fixture & Other UCC Filing Assignments

An initial financing statement may reflect an assignment of all of the secured party’s power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.

A secured party of record may assign all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which:

  • Identifies, the file number or the original filing
  • Provides the name of the assignor
  • Provides the name and mailing address of the assignee

Fixture & Other UCC Filing Continuation

A continuation statement may be filed only within six (6) months before the expiration of the 5-year period. The continuation statement lasts for up to five years from the original file date. The continuation will lapse unless another continuation is filed. The original file date is always the key date as it relates to a lapsed filing or as it relates to the six month period before a continuation can be filed.

Filing Requirements:

  • File number of the initial financing statement
  • Name of the debtor
  • Name of the secured party
  • Provide a description of the real property

Fixture & Other UCC Filing Correction

  1. A person may file in the filing office a correction statement with respect to a record indexed there under the person’s name if the person believes that the record is inaccurate or was wrongfully filed.
  2. A correction statement must:
    1. Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;
    2. Indicate that it is a correction statement; and
    3. Provides the basis for the person’s belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person’s belief that the record was wrongfully filed
  3. The filing correction statement does not affect the effectiveness of an initial financing statement or other filed record

Fixture & Other UCC Filing Rejection Procedure

The only UCC’s County Clerks should process are Fixture Filings, As-Extracted Mineral or Timber to be Cut. These documents are to be filed in the Real Estate Records of the County Clerk’s office, only accepted records that meet the above requirements. Any other UCC must be filed with the Secretary of State.

  1. Verify that your reason for returning the document meets the requirement of KRS 355.9-516. If the reason is not included do not send the document back, just record it.
  2. If the requirements of KRS 355.9-516 are met make a clerk’s note on the filing as to the date and time the document would have been filed if it met recording requirements
  3. Fill out the “Correction Form” checking the appropriate box
  4. Fill in the “Date Received”
  5. Sign and Date the form

Fixture & Other UCC Filing Requirements

Filing Requirements:

  • The debtor’s name and mailing address
  • The secure party’s name and mailing address
  • The property owner’s name if other than the debtor (the County Clerk’s office should presume the debtor is the property owner unless the document indicates otherwise)
  • Provide a description of the real property to which the collateral is related

Fixture & Other UCC Filing Termination

Filing Requirements:

  • File number of the initial financing statement
  • Name of the debtor
  • Name of the secured party
  • Provide a description of the real property
  • Indicate the termination or partial termination of the filing

Fixture & Other UCC Filing Fees

A UCC filing must have the name and address of the debtor and must identify the debtor as an individual or organization. A UCC filing must also have the name and address of the Secured Party (Lender).

Land Records Fees

One of the most important responsibilities of the County Clerk’s office is the recording of land records. Recorded instruments date back to 1798. The most common documents recorded are deeds, mortgages, and assignments and mortgage releases.

****Please look at Recording Fee Schedule on Recording Fee Page**** Thanks

Land Use Restrictions

Land Use Restrictions are filed by planning commission to show land use restrictions, including variances, conditional use permits and conditional zoning permits, plats and development plans, per KRS100.3681.

Land Use Restrictions are filed in counties containing a planning commission.

The document requires the format stated in KRS100.3683.

Liens

Agister Lien

AKA (Also Know As) Materialman’s Lien.

The following lists of liens are recorded as mechanics liens:

  • Attorney’s Liens
  • Agister’s liens (liens on horses, cattle, livery stable)
  • Veterinary Liens
  • Liens on Motor Vehicle Repairs and Storage
  • Motor Vehicle for Storage and Towing
  • Lien for work and supplies on equipment, machinery and motors

These are filed when payment for building repair, storage or services has not been made. These are filed per KRS376.010, KRS376.080.

The document must have the following:

  • The name & address of the claimant (person asserting the lien)
  • The name & address of the contractor, subcontractor, or authorized agent and the property owner (the person(s) the lien is asserted against)
  • The lien is filed against the owner of the property and their name must be listed
  • Description of property has to be specific enough to identify the property
  • The lien must state the amount due and whether the services were performed by a contract with the owner or with contractor or subcontractor
  • Preparation Statement

The person claiming the lien or someone on his behalf must sign the lien. Their signature must be notarized and the notary format must be subscribed and sworn to in order for the lien to be valid.

The clerk shall request a return mail address.

Architect Lien

Any professional engineer, licensed architect, licensed landscape architect, professional land surveyor or real estate broker who performs professional services or services as defined in KRS322.010(4) for professional engineers, KRS323.010(3) for architects, KRS323A.101(3) for landscape architects, and KRS322.101(10) for professional land surveyors shall have a lien on the building, structure, land, or project on which the services were performed, to secure the amount of the charges for services with interest as provided in KRS360.040 and costs.

Recording Requirements:

  • Must be filed in the office of the County Clerk of the county in which the property is situated
  • Contain a statement of the amount due the claimant, with all just credits and setoffs known to him/her
  • Have a description of the property intended to be covered by the lien sufficiently accurate to identify it (either the legal description or an address)
  • Have the name of the owner, if known
  • Tell whether the services were furnished by contract with the owner or with a contractor or architect
  • This statement shall be subscribed and sworn by the person claiming the lien or by someone on his/her behalf

Any lien listed above that involves public improvements will be governed by KRS376.210.

Assessments & Enforcement Liens – City

The statutes address various city assessments that may constitute a lien if filed and recorded. These liens include improvement assessments, sewer & sanitation assessments, general assistance receipts, and code enforcement, public improvements & ordinance-related liens. Many of the statutes are based on the class of city.

The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Child Support Liens – In State

A lien filed in favor of the Cabinet for Families and Children against all real & personal property of the obligor. This lien is to be filed as Lis Pendens and only in the real estate records of the County Clerk’s office.

The document is filed in the county where the obligor lives.

The document must have:

  • The entity asserting the lien
  • The person or persons upon whom interest in the property the lien is being filed against (obligor)
  • The document must state the action number and the court in which the action is pending
  • A Preparation Statement

The clerk shall request a return mail address.

Document must be: signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Child Support Liens – Out of State

A lien to enforce a child support obligation, which is created in another state, shall be enforceable against all real & personal property of the obligor located in this state. This lien is to be filed as a Lis Pendens and only in the real estate records of the County Clerk’s office in the county or counties where property of obligor exists.

  • The person or entity asserting the lien(the person or entity much have the authority to file the lien)
  • The authority’s signature must be certified (acknowledged or notarized)
  • The person or persons upon whom interest in the property the lien is being filed against (obligor)
  • The document must state the action number and the court in which the action is pending
  • A Preparation Statement

The clerk shall request a return mail address.

Document must be: signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Continuations (Information on Liens)

The notation of a lien on the certificate of title is effective for seven (7) years (or in case if a manufactured home thirty (30) years from the date the security interest is noted on the certificate of title. The filing of a continuation statement within six (6) months preceding the expiration of the initial period of notations effectiveness extends the expiration date for seven (7) additional years for all titled property (including mobile or manufactured homes.)

The original file date is the date used to determine the expiration date. Therefore the expiration date is seven (7) years from the original file date. The six (6) month period preceding the expiration date that the continuation statement can be filed is also based upon the original file date. The continuation statement must be in the County Clerk’s office by the expiration date. There is no provision for envelopes that are postmarked on the expiration date, but received a few days later. If you do not have the continuation statement by the expiration date the filing has expired. Do NOT process a continuation statement after the expiration date. A filed financing statement lapses on the expiration date unless a continuation statement is filed.

The county that filed the original lien will process the continuation statement in its index and attach the continuation statement to the original title lien statement. There will not be any input into the AVIS system. It is important to remember that ONLY the county that originally filed a lien can continue or release a lien. The county that files the original lien and the continuation must insure the continuation statement is properly linked to the original filing. Proper filing of the continuation statement is imperative to keep intact the perfection of the lien.

NO FEE is collected on a continuation statement for any titled property. The fact that a lien on titled property now has an expiration date is to the benefit of each clerk. Continuations on titled property will be the exception rather than the rule. The recording requirements for a continuation statement are as follows:

  • Received by the county that filed the ORIGINAL TLS
  • Name and address of debtor
  • Name and address of secured party
  • Date of original notation on title
  • Original File number
  • States it is a continuation – this must be submitted by the lien holder of record

Corporation Lien for Taxes

The corporation shall have a lien for all taxes upon the land assessed & upon all personal property of the owners found upon the premises not exempt from execution, attachment, or distraint.

Unless suit is commenced or proceedings had within ten (10) years from July 1 of any particular year, the lien for that year’s taxes shall be lost.

After the action of the Circuit Court of the county upon the assessment & apportionment, the circuit clerk shall certify a copy of it to the County Clerk.

Index the lien in the real estate index as follows:

  • The first party is the owner of the property
  • The second party is the holder of the lien (corporation)

Drug Lien

AKA (Also Know As) Revenue Cabinet Lien-Seizing Taxable Property

Within 72 hours after seizure of marijuana or a controlled substance, law enforcement will notify the Revenue Cabinet in writing of each seizure if the tax imposed by KRS138.872 has not been paid as evidence by the absence of the tax stamps, labels, or other official tax indicia required to be affixed to the marijuana or controlled substance.

Recording Requirements:

The notice required in this subsection shall be submitted in the manner prescribed by the Revenue Cabinet and shall include:

  • The name, address, and Social Security number of the person from whom the seizure was made;
  • The type and quantity of the items seized;
  • Any information developed during the course of the investigation regarding any real or personal properties owned by the person from whom the seizure was made;
  • Other information the Revenue Cabinet may require to facilitate the assessment and collection of the tax due pursuant to KRS138.872

The lien will be in favor of the Commonwealth Revenue Cabinet.

Farm Corp for Service Lien

Any custom operator who performs a service on a farm, including but not limited to filling of silos, hay bailing and crop spraying, by contract with, or by the written consent of the owner or manager of the farm, shall have a lien upon the farm crop involved to secure the cost of the service furnished.

Recording requirements for the lien and the lien release and associated fees are the same as the Mechanics Liens and Mechanics Liens Release – See this section for detailed information.

Federal Tax Lien

AKA (Also Know As)IRS liens, AKA (Also Know As) U S liens

The IRS prepares these documents. The liens are filed against the taxpayer per KRS382.480.

Documents must be: signed by the appropriate IRS agent. They do not require notarization.

Forfeited Property Lien

The Commonwealth may file on the official records of any one (1) or more counties a forfeiture line notice of the lien created by statutes in Chapter 218A.

Recording Requirements:

The forfeiture lien notice shall be signed by an attorney authorized to institute a forfeiture action on behalf of the Commonwealth. The notice shall set forth the following information:

  • Name of the entity asserting the lien (The Commonwealth);
  • The name of the owner of record of the property subject to the lien if known;
  • The name of the defendant;
  • A description of the property which is subject to the lien;
  • The date and place of seizure or location of any property not seized but subject to forfeiture;
  • The violation of law alleged with respect to the forfeiture of the property;
  • A reference to any judicial proceeding pending against the property with reference to forfeiture;
  • The name of the county or counties where the proceeding has been brought;
  • The name and address of the attorney filing the forfeiture line notice.

Gas Oil Mineral Leasehold Lien

Any person who performs labor or furnishes materials, supplies, fixtures, machinery or other things of value to a lessee holding or owning a leasehold, or any right conferred by a lease, relating to oil, gas or other minerals, in the development or improvement of the leasehold, by contract with or by the written consent of the owner or the agent or representative of the owner of the leasehold, shall have a lien on the leasehold or the entire interest of the lessee including oil or gas wells, machinery and equipment, to secure payment for the labor or things furnished. If the labor or things are furnished at written consent of any contractor or subcontractor, or the agent of either, the lien herein given shall be for the benefit of whoever may furnish any of the labor or things mentioned. The lien herein provided for shall be effective against the leasehold, or the entire interest of the lessee therein, including all improvements thereon belonging to the lessee.

Recording Requirements for the lien and the lien release and associated fees are the same as Mechanics Liens – See this section(s) for detailed information.

Illegal (Phony) Liens

This statute does not give the County Clerk’s office any right to refuse the lien as long as the lien has the correct filing information.

In other words, if the document meets the recording requirements, the clerk’s office is obligated to record the document.

A person is guilty of filing an illegal lien when he/she files a document or lien that he/she knows or should have known was forged, groundless, contained a material misstatement, or was a false claim. It shall be an affirmative defense that any material misstatement was not intentional.

Filing an illegal lien is a Class D felony for the first offense, a Class C felony for any second offense, and a Class B felony for any subsequent offense.

Judgment Liens

AKA (Also Know As) Notice of Execution.

The document must have the following:

  • Name of the person or entity bringing the action
  • Name of the person or entity the Judgment is against
  • Amount of Judgment, including principal, interest rate, court cost and attorney fees
  • Court of record entering the judgment
  • Civil action number of the case
  • The judgment must include the language of KRS427.060 & KRS426.720, section 3
  • Preparation Statement (If document is prepared by a court it may not have a Preparation Statement.)

The clerk shall request a return mail address.

The document must be signed by the judgment creditor or his/her attorney. The signature does not need to be notarized.

Lis Pendens

Lis pendens mean pending suit. The notice of lis pendens is filed on the public record for the purpose of warning all persons that the title to certain property is in litigation& that they are in danger of being bound by adverse Judgment.

The document must have the following information:

  • The name of the person(s) or entity that has interest in the land the lien is being filed against
  • The name of the person or entity bringing the action
  • A legal description of the land involved
  • The document must state the action number and the court in which the action is pending
  • A Preparation Statement (if court prepared may not have a Preparation Statement)

The clerk shall request a return mail address.

The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Lis Pendens Concerning Bankruptcy

Any County Clerk shall receive for record and record any certified or attested copy of any matter in reference to bankruptcy which any Act of Congress of the United States may provide for as being necessary to be filed in the county wherein lands of a bankrupt are situated in order to be notice of said bankruptcy.

The document must have the following information:

  • The name of the person involved in bankruptcy proceeding
  • The trustee in bankruptcy or receiver
  • A legal description of the land involved IF there is land involved
  • The document must state the bankruptcy case number in which the action is pending
  • A Preparation Statement (if court prepared may not have a Preparation Statement)

The clerk shall request a return mail address.

The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Medicaid Program Lien

This lien filed by the Commonwealth against all property of any provider or recipient who is found to have defrauded the Medicaid program. The notice of the lien is to be recorded like a lis pendens. The statute allows for partial releases as well as full releases of this lien. The Commonwealth would be the legal entity to record the lien or to release the lien. The recording and release fees associated with this document would be the same as a state tax lien.

The document must have the following information:

  • The person or entity (Commonwealth of Kentucky) asserting the lien
  • The person, persons, or entity upon who the lien is being filed against
  • A legal description of the land involved if available
  • A Preparation Statement (Most liens prepared by Commonwealth of Kentucky do not have a Preparation Statement)

The clerk shall request a return mail address.

The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Penal Code Offenses Lien

Any convicted person owing fines, court cost, restitution, or reimbursement before or after his/her release from incarceration shall be subject to a lien upon his interest, present or future, in any real property.

The real property lien shall be filed in the circuit clerk’s office of the county in which the person was convicted and shall also be filed by the Commonwealth in any county in which the convicted person is known to own property or reside.

The lien must be foreclosed upon in the manner prescribed in KRSChapter 426 and shall remain valid until satisfied. The lien shall constitute a charge against the estate of any decedent owing moneys under this chapter.

The attorney for the Commonwealth, and not the crime victim shall prepare & file lien documents for moneys to be restored to the crime victim.

The manner of fling, recording, and releasing the lien shall be consistent with the provisions of KRSChapter 376.

State Lottery Corporation Lien

Whenever any person who receives proceeds from the sale of lottery tickets in the capacity of a lottery retailer becomes insolvent, or dies insolvent, the proceeds due the corporation from such person or his/her estate shall have preference over all debts or demands.

The lien shall be of equal rank with the tax liens of the state, or any city, county, or other taxing authority within the state.

The lien must be recorded by the Lottery corporation with the County Clerk of any county or counties in which the retailer’s business or residence is located, or in any county in which the retailer has an interest in property.

The lien will be against the retailer. The recording of the lien shall constitute notice of both original obligation to the corporation and all subsequent obligations to the corporation of the same retailer.

The lien will be prepared as a state tax lien.

State Tax Lien

Types of state tax liens are:

  • State Tax lien(Revenue Cabinet)
  • Recoupment lien (Workforce Development Cabinet)
  • Unemployment Insurance
  • Workers Compensation
  • Inheritance Tax lien
  • Notice of Seizure and Tax lien

This document requires:

  • First party – the person or entity asserting the lien
  • Second party – the person, persons or entity upon who the lien is being filed against
  • The document must state the action number and the court in which the action is pending
  • A Preparation Statement

The clerk shall request a return mail address.

Unemployment Lien

An Unemployment Lien on a parity with state, county and municipal ad valorem tax liens. It is superior to the line of any mortgage or other encumbrance heretofore or hereafter created is hereby created in favor of the cabinet upon all property of any subject employer from whom contributions, interest or penalties are or may hereafter become due. The lien shall attach to all interest in property, either real or personal, then owned or subsequently by the person against whom the assessment is made.

The cabinet may file notice of the lien with the County Clerk office of any county or counties in which the subject employer’s business or residence is located, or in any county in which the subject employer has interest in property and such notice shall be recorded in the same manner as notices of lis pendens are and the file shall be designated “miscellaneous state tax liens.” Such recordation shall constitute notice of both the original assessment and all subsequent assessments of liability against the same subject employer.

Wage & Hour Lien

A lien may be placed on all property, both real & personal, of an employer who has been assessed civil penalties by the commissioner for violations of the statutes on wage & hours. The lien shall be attached to all property & rights to property owned or subsequently by the employer.

Documents Required:

  • The commissioner of the Labor Department (or his/her designee) shall record the lien
  • The lien shall show the date on which the notice of violation was issued
  • The date of violation
  • The name & last known address of the employer against whom the assessment was made
  • The amount of unpaid wages, penalties, & interest

The lien shall be superior to the lien of any mortgage or encumbrance thereafter created & shall continue for ten (10) years from the time of the recording, unless sooner released or otherwise discharged.

Lien to be filed in the following offices:

  • The lien shall be filed in any of the following offices in which the employer owns property or rights to property
  • The office of the County Clerk of the county in which the defendant employer resides
  • The office of the County Clerk of the county in which the defendant employer has it principal place of business
  • The office of the County Clerk of the county in which the defendant employer has property or an interest in property

Filing Fees:
None – All filing fees have been waived by statute KRS337.075(2).

Workers Compensation Lien

The Labor & Human Rights Commissioners shall record a certificate prepared & furnished him/her by the general counsel.

It will include:

  • The date on which such claim was filed
  • The date of the injury alleged
  • The name & last known address of the employer against whom it was filed
  • The fact that the employer has not secured the payment of compensation as required

Mortgages

Assignment of Rents And/Or Leases

The document must have the following information:

  • Name of the Borrower, Lessor, Assignor
  • Name and address of the Lender, Assignee
  • Source of title
  • Legal description (Common Law & OAG 81-100)
  • Maturity date
  • A Preparation Statement

The clerk shall request a return mail address.

The borrower must sign the document, and the signature must be acknowledged (notarized)

Affidavit of Conversion to Real Estate

This document is filed to execute a conversion of a manufactured home (mobile home) permanently to real estate.

  • The Kentucky title must first be free of lien notations.
  • Document must have signature of the owner(s), signature(s) notarized
  • A Preparation Statement is not required

The Deed Book and Page Number of the property where the manufactured home is to be permanently affixed must be referenced; no legal description (as that required in a Deed) is required. The document along with a copy of the surrendered title is filed in the Miscellaneous book with the owner(s) indexed as the Party One/Grantor. Linking of the document to the Deed Book and Page source is helpful. This document must be filed in the County Clerk’s office of the county where the property is located (or the greater part).

Assignments

This instrument is generally lodged when a mortgage holder transfers his interest in a mortgage to another.

The document must have the following:

  • First party (assignor)
  • Second party (assignee) and their mailing address
  • The name of the party or parties who executed the original mortgage
  • The mortgage book and page reference where the mortgage is lodged for record
  • A Preparation Statement

The clerk shall request a return mail address.

The document must be: signed by the mortgagor(s) and the signature(s) acknowledged(notarized). The document must be filed in the County Clerk’s office of the county where the property is located(or the greater part).

Condominium Mortgages

The document requires:

  • First party (mortgagor, borrower)
  • Second party (mortgagee, lender) and their mailing address
  • Amount of the mortgage
  • Maturity date (except for revolving credit accounts which do not require a maturity date), relating to obligations, if the document states “due on demand” this requirement is satisfied
  • Legal Description of the property (Common Law and OAG 81-100)
  • Preparation Statement

The clerk shall request a return mail address.

Document must be: signed by the mortgagor(s) and the signature(s) acknowledged (notarized). The document must be filed in the County Clerk’s office of the county where the property is located (or the greater part).

Master Form Mortgage

Kentucky law provides that a “Master Form for a Mortgage” may be filed in the County Clerk’s office of any county. After this document has been recorded other mortgage documents can incorporate a reference to this document. The incorporation of the reference shall have the same effect as if the provisions of the master form had been set forth fully in the mortgage.

Recording Requirements:

  • Must be entitled on the face “Master form recorded by __________” (name of the person causing the instrument to be recorded)
  • Contain forms of covenants, conditions, obligations, powers, and other clauses of a mortgage
  • The name of the person or entity causing it to be recorded
  • The instrument does not need to be acknowledged
  • Preparation Statement

The clerk shall request a return mail address.

Master Form Mortgage – Incorporation Into Other Mortgages

After the Master Form Mortgage is recorded, any of the provisions of such master form instrument may be incorporated by reference in any mortgage of real estate if:

  • The reference in the Mortgages states that the master form instrument was recorded in the county in which the mortgage is offered for record
  • The Mortgage states the date when the master form instrument was recorded
  • The Mortgage states the book & page where the master form instrument was recorded

Then:

  • The recording of any mortgage, which has the reference of the Master Form Mortgage incorporated into the document, will have like provisions of the Master Form Mortgage

MERS (Mortgage Electronic Registration System)

County Clerk offices are receiving mortgages that name the borrower & usually a bank followed by the statement: MERS as nominee.

In these cases County Clerk offices should index the borrower & MERS & nothing else. The fee is the normal recording fee for a mortgage, nothing more. This is not an additional assignment.

After the document has been filed MERS is the legal holder of the mortgage. Any change, assignment or release must come from MERS.

Mortgage

AKA – Indenture of Trust

The document must have:

  • First party (mortgage, borrower, grantor, trustor)
  • Second party (mortgage, borrower, grantee, trustee) and their mailing address
  • Amount of mortgage
  • Maturity date (except for revolving credit accounts which do not require a maturity date), relating to obligations, if the document states “due on demand” this requirement is satisfied
  • Legal Description of the property (A source of title is not required, however, it is desirable to have)(Common Law & OAG 81-100)
  • Preparation Statement

The clerk shall request a return mail address.

The document must be: signed by the mortgagor(s) and the signature(s) acknowledged(notarized). The document must be filed in the County Clerk’s office of the county where the property is located(or the greater part).

Mortgage Modification/Extension

The document must have:

  • First party (mortgagor, borrower)
  • Second party (mortgagee, lender) and their mailing address
  • State the book and page of the original mortgage
  • Description of the modification
  • Preparation Statement

The clerk shall request a return mail address.

The borrower (mortgagor) must sign the document. The signatures must be acknowledged (notarized). The document must be filed in the County Clerk’s office of the county where the property is located (or greater part).

Release

AKA Deed of Release, Satisfaction of Mortgage, Discharge of Mortgage.

The document must have the following information:

  • Name of the person or entity releasing the obligation
  • Name of the individual or entity being released
  • The mortgage book and page reference being released, or the deed book and page in the case of a vendors lien
  • Partial releases require a description of the property being released
  • Release must state whole or partial release
  • Preparation Statement

The clerk shall request a return mail address.

Document must be signed by the party or parties executing the release and the signature(s) notarized.

Mortgage Release to Secure Additional Indebtedness

KRS 382.520 provides statutory direction for renewal, extension or additional loan under a mortgage on real estate. It also defines the superiority of liens & makes a provision to request a mortgage release to secure additional indebtedness.

This document is not a deed of release but a notice to the Senior Mortgage holder of a request to secure additional debt by the mortgagor.

The provisions are as follow:

  • The request must be written
  • The request must refer to KRS382.520(2) & (3)
  • The request shall be signed by the mortgagor or his/her agent or attorney
  • It must set forth a description of the real property to which the request relates
  • It must include the date, parties to, the volume and initial page of the record of the original mortgage
  • It must have a description of the nature, amount, and holder of the lien or encumbrance that the mortgagor intends to place upon such real property

The request must be sent by certified mail with a return receipt to the holder of the mortgage, at the address of record.

The clerk shall request a return mail address.

Plats

Condominium Plats

Condo Plats (Floor Plans) require:

  • The layout, location, unit numbers and dimensions of the units
  • The name of the property or that it has no name
  • Certification from a registered architect or professional engineer that the plans fully and accurately depict the layout, location, unit numbers and dimensions of the units as built
  • If the plans do not include a verified statement by such architect or engineer that such plans fully and accurately depict the layout, location, unit numbers and dimensions of the units as built, there shall be recorded prior to the first conveyance of any unit an amendment to the declaration to which shall be attached a verified statement of a registered architect or professional engineer so certifying as to the plans theretofore filed, or being filed simultaneously with such amendment.

Plats (with Planning Commission)

The County Clerk shall record plats after approval by the planning commission, (KRS 100.283).

The document must have the following:

  • The plat must have the approval of the planning commission and the commission’s certificate signed and dated
  • The plat requires the surveyor’s certification, signed and dated and his seal

The statutes do not give additional specific requirements for plats, however the fact that a survey or plat describes the land, it is presumed that the survey or plat must have:

  • The owner’s signed certification; signature must be notarized.
  • Source of title

Plats Without Planning Commissions

A deed and a plat are two legal instruments that relate to each other. Therefore, it can be argued that many of the requirements for a deed are also requirements for a plat.
The statutes provide the following documents requirements for a plat:
The plat requires the surveyor’s certification, signed and dated and his/her seal.
The statutes do not give additional specific requirements for plats, however the fact that a survey or plat describes the land, it is presumed that the survey or plat must have:

  • The owner’s signed certification; signature must be notarized
  • Source of title

The purpose of a plat or survey is to provide a map of the property. Part of the definition includes:

  • Determination or establishment of the facts of size, shape, topography, and acreage;
  • Subdivision, division and consolidation of lands;
  • Preparation of physical written description for use in legal instruments of conveyance or real property and property rights;
  • Preparation of subdivision record plats

Releases

Release of Agister Lien

This release covers liens of Architect Lien, Assessment Liens, Attorney Liens, Engineer Liens, Farm Crop For Service Lien, Gas Oil Mineral Leasehold Lien, Judgment Lien, Land Surveyors Lien, Landscape Lien, Lis Pendens, Materialman’s Lien, Mechanics Lien, Motor Vehicle Repair & Storage Lien, Real Estate Broker Lien, Veterinary Liens, Work & Supply Lien.

The release requires the following:

  • The name of the person or entity releasing the lien
  • The name of the person or entity being released
  • The book and page reference being released
  • Preparation Statement (if court prepared may not have a Preparation Statement)

The clerk shall request a return mail address.

Release of City Assessments & Enforcement Lien
The lien release can only be made by the same entity that filed the lien.
Recording requirements are the same as Release of Lis Pendens.

The clerk shall request a return mail address.

Bond Release Mechanics Lien Private Property

The owner or claimant of property against which a lien has been asserted under KRS376.010 may at any time before judgment has been rendered enforcing the lien, execute before the County Clerk where the lien was filed, a bond for double the amount of the lien claimed with good sureties to be approved by the clerk. Conditioned upon the obligors satisfying any judgment that may be rendered in favor of the person asserting the lien. The clerk shall preserve the bond and upon its execution, the lien shall be discharged.
The surety bond is recorded along with the release document.

The document must have:

  • The name of the party asserting the lien
  • The name of the party the lien is against
  • The surety bond must be attached to the release
  • There must be a place on the document for the clerk’s approval of the surety
  • The bond must be double the amount of the lien
  • A Preparation Statement
  • Reference where the lien is recorded (the book and page)

The clerk shall request a return mail address.

Bond Release Mechanics Lien Public Property

Prior to judgment a bond to release a lien may be executed before the County Clerk in the county in which the lien was filed.

The bond must be double the amount of the lien claimed.

The clerk shall approve the bond only if the bond is secured by:

  1. Cash
  2. A letter of credit from a bank
  3. Surety by a licensed insurer

The document must have:

  • The name of the party asserting the lien
  • The name of the party the lien is against
  • The surety bond must be attached to the release
  • There must be a place on the document for the clerk’s approval of the surety
  • The bond must be double the amount of the lien
  • A Preparation Statement
  • Reference where the lien is recorded (the book and page)

The clerk shall request a return mail address.

Release of Child Support Lien-In-State

The release requires the following:

  • The person or entity releasing the lien
  • The person, persons or entity being released
  • The book & page being released
  • A Preparation Statement

The clerk shall request a return mail address.

Release of Child Support Lien Out-Of-State

The release requires the following:

  • The person or entity releasing the lien
  • The person, persons or entity being released
  • The book & page being released
  • A Preparation Statement

The clerk shall request a return mail address.

Release of Corporation Lien For Taxes

The statute addresses this lien release as a marginal release. “When any tax has been paid, the president or treasurer of the corporation shall enter the word “paid” upon the record in the proper column, and enter the amount so paid & subscribed thereto the name of the corporation by him.”

The preferred method of releasing this or any lien is by recording a release document. The recording requirements for a release document would be the same as the Release of Lis Pendens.

Index the lien in the real estate as follows:

  • The first party is the holder of the lien (corporation)
  • The second party is the owner of the property

Release

AKA (Also Known As) Deed of Release, Satisfaction of Mortgage, Discharge of Mortgage

The document must have the following:

  • Name of the person or entity releasing the obligation
  • Name of the individual or entity being released
  • The mortgage book and page reference being released, or the deed book & page in the case of a vendors lien
  • Partial releases require a description of the property being released
  • Release must state whole or partial release
  • Preparation Statement

Documents must be signed by the party or parties executing the release & the signature(s) notarized.

Release of Drug Lien

AKA (Also Known As) Marijuana Lien

The Commonwealth is the entity asserting the lien and the only entity that can release the lien.

Federal Tax Lien Release

AKA (Also Known As) IRS Release or U. S. Release

The IRS prepares these documents.

The release must be prepared by the IRS or appropriate U.S. Government entity. The release must be signed.

Forfeited Property Lien

The Commonwealth is the entity asserting the lien and the only entity that can release the lien.

Filing Fee:

None

Release of Lis Pendens Concerning Proceeding in Bankruptcy

The release requires the following:

  • The name of the person or entity releasing the bankruptcy action
  • The name of the person or entity being released from the bankruptcy action
  • The book and page reference being released
  • Preparation Statement (if court prepared may not have a Preparation statement)

The clerk shall request a return mail address.

Medicaid Program Lien Release

The requirements are the same as a release of any other lis pendens. The State must prepare & sign the release.

The document must have:

  • The Commonwealth
  • The taxpayer being released
  • The book and page reference of the original lien

State Lottery Corporation Line Release

Recording & indexing requirements are the same as State Tax Lien Releases. See section on State Tax Lien Releases.
The Commonwealth is the entity asserting the lien & and the only entity that can release the lien.

State Tax Liens Release

The document must have:

  • The Commonwealth
  • The taxpayer being released
  • The book & page reference of the original lien

Unemployed Lien Release

Recording and indexing requirements are the same as State Tax Lien Releases. See section on State Tax Lien Releases above.

The Commonwealth is the entity asserting the lien and the only entity that can release the lien.

Workers Comp Lien Release

Recording and indexing requirements are the same as State Tax Lien Releases. See section on State Tax Lien Releases above.

The Commonwealth is the entity asserting the lien and the only entity that can release the lien.

Wills

Affidavit of Descent

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)
  • Date of the deceased’s (ancestor’s) death
  • The marital status of the deceased (ancestor) and, if married the name of the surviving spouse and his/her mailing address
  • The place of residence of the deceased (ancestor) at the time of death
  • The fact that the deceased (ancestor) died in testate (without a will)
  • The names, ages and addresses, as far as is known, of each heir at law and next of kin who by the ancestor’s death inherited such real property and the relationship of each to the deceased (ancestor) and the interest in such real property inherited by each
  • Preparation Statement KRS382.335 (1)

The affidavit shall be filed with the clerk of the county in which the property is situated.

The clerk shall request a return mail address.

Affidavit of Heirship

Document must be: signed by the affiant and signature notarized (KRS 382.130). The document must have a Preparation Statement and a return mail address (KRS 382.335 & 382.240). The affidavit, per KRS382.120, must have:

  • Name of the deceased (ancestor)
  • Date of the deceased (ancestor’s) death
  • The marital status of the deceased (ancestor) and, if married, the name of the surviving spouse and his or her mailing address
  • The place of residence of the ancestor at time of death
  • The fact that the ancestor died intestate
  • The names, ages and address, as far as is known, of each heir at law and next of kin who by the ancestor’s death inherited such real property and the relationship of each to the ancestor and the interest in such real property inherited by each.

Affidavit of Real Property Transfer Under Will

This document is filed by the personal representative of the estate prior to the closing of the estate. The affidavit, per KRS382.135, section 4, must have the names and addresses of persons receiving each property passing by will or interstate succession and the full fair market value of each property as estimated or established for any purpose in the handling of the estate. The document must have a signature by the personal representative (KRS 382.335), signature notarized (KRS 382.130), should list the properties being transferred by either address or legal description or both (Common Law & OAG 81-100), Preparation Statement, return mail address, the Will Book reference should be included if the transfer is the result of an intestate succession (KRS 382.110), Preparation Statement (KRS 382.335), and return mail address (KRS 382.335 & KRS382.240).

Contesting a Will

Any person aggrieved by the action of the district court in admitting a will to record or reject it may bring an original action in the circuit court of the same county to contest the action of the district court. Such action shall be brought within two (2) years after the decision of the district court. The parties may, in the same action, or in a separate action if the validity of the will is not in issue, seek construction, interpretation or reformation of a will.

The notice must have the following requirements:

  • State the name of the testator
  • The style of the action
  • The court in which the action has been filed
  • The nature of the action
  • The date on which the action was commenced

The notice must be signed by the plaintiff or his/her attorney. The signature does not have to be acknowledged or notarized.

Wills

Wills must be admitted for probate in the District Court of the County and an order issued probating the will by the District Court Judge. Once the will is probated it must be recorded in the County Clerk’s office along with the order appointing administrator or executor of the estate.

The County Clerk shall retain the original copy of the will permanently.

Will – Disclaimer

Disclaimers shall be:

Filed in district court, however if real property or an interest therein is disclaimed, an attested copy of the disclaimer from district court may be recorded in the office of the County Clerk of the county in which the real estate is situated.

The clerk shall request a return mail address.

Disclaimers are filed in the Will Book and are indexed under the deceased name.

Wills – Out of County

The clerk may record wills probated in another Kentucky county if an attested or certified copy of the will and order of probate from the County Clerk in the county where the will was originally filed is presented. (KRS 394.300)

The County Clerk shall retain the certified or attested copy of the permanently.

Wills – Out-of-State

The recording requirements for an out of state will are as follows:

Before recording an out of state will, the County Clerk or deputy must insure the will has been processed through the KENTUCKY probate court in their county & has a certificate of probate from their county. The will must be an authenticated or exemplified copy of the will & include the probate certificate from the resident state. The Kentucky probate court certificate is required with the authenticated copy of the will & certificate of probate (from the resident state) to be recorded in the County Clerk’s office.

The clerk may record an out of state will that was probated & recorded in another Kentucky county, if an attested or certified copy of the will & order of probate from the County Clerk in the county where the will was originally filed is presented.

Will – Renunciation

Renunciation shall be:

Made within six (6) months after probate. The document must be acknowledged before the County Clerk and recorded with the County Clerk in the county where the probate was made, or acknowledged before a subscribing witness(an attorney) and proved before (notarized) and recorded with the County Clerk.

The clerk shall request a return mail address.

Renunciations are filed in the Will Book and are indexed under the deceased name.

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