In KY, how does the surviving spouse transfer real property to herself? Deed was joint with right of survivorship.

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Joint and survivorship deed. Not a probate asset.

Attorney Answers

3
Joe Hendricks ·
If the deed was to you and your spouse as joint tenants with a right of survivorship then you have ownership of the property upon the death of your spouse without any additional transfer.
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Kevin Alexander ·
I agree with the last answer. However, each state has its own rules for proving the death of one joint tenant for title purposes. In Illinois, where I practice, a "Joint Tenant Affidavit" is completed by the surviving joint tenant and recorded with the county recorder of deeds along with a copy of the deceased joint tenant's death certificate. An attorney in Kentucky will be able to advise you of local laws pertaining to this. Good luck.
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Joseph Pankowski ·
I agree with Attorneys Hendricks and Alexander. Many times, buyers of a property from a surviving joint tenant will want some confirmation that there were no estate taxes due on the share of the property once owned by the deceased tenant. Thus, here in Connecticut, we record a "Certificate of No Tax" on the land records so that there will be no snafus when the property is being sold. Please consult with a Kentucky attorney to confirm what will be needed if and when you're ready to sell the real property. Good luck to you.
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