Kentucky Quitclaim Deed Form

Last Updated: February 27, 2024 by Rukshani Lye

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What is a Quitclaim Deed in Kentucky? 

In Kentucky, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”) without any promises or guarantees about the property’s title or condition. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Kentucky.

The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.

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What is the Difference Between a Quitclaim Deed and a Warranty Deed in Kentucky?

The main difference between quitclaim deeds and warranty deeds in Kentucky is that a quitclaim deed provides less security to the Grantee. 

A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer.

Warranty deeds are mostly used for real estate transactions in Kentucky. Quitclaim deeds, on the other hand, are used for transfers between family and friends.

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How Do Quitclaim Deeds Work in Kentucky?

Laws surrounding quitclaim deeds are found in Chapter 382 of the Kentucky Revised Statute.

A Kentucky quitclaim deed should clearly describe the extent of the ownership rights being transferred.  The document must state that the Grantor “releases and quitclaims” their interest in the property to the Grantee.

Once prepared, the quitclaim deed must be filed at the Clerk’s Office in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in Kentucky?

You can prepare your own quitclaim deed in Kentucky. A professional drafter is not legally required. 

The name, address, and signature of the individual who drafted the deed, however, must be mentioned under “Prepared by.”

Kentucky Quitclaim Deed Requirements

Kentucky counties adhere to formatting standards established by the Kentucky County Clerks Association, which are based on the Real Estate Document Formatting standards set by the Property Records Industry Association (PRIA).

Formatting Requirements

Formatting requirements for quitclaim deeds in Kentucky include:

  1. Paper size: 8.5 x 11 preferred; 8.5 x 14 accepted. 
  2. Paper weight: 20 lb.
  3. Paper color: White; no watermarks.
  4. Margins: 3-inch space on first page, top right for Recorder use; all other margins 1-inch.
  5. Font color: black ink preferred; signatues: dark blue.
  6. Font size: 10-point Times New Roman or equivalent.
  7. Spacing: 9 lines per inch maximum.
  8. No stapling or binding; no colored highlights/markers.
  9. Print on one side only.

Content Requirements

Content requirements for quitclaim deeds in Kentucky include: 

  1. Grantor’s name and address.
  2. Grantee’s name and address.
  3. Grantor’s marital status and spouse’s name, if applicable.
  4. Return name and address.
  5. Name and address for future tax bills.
  6. Preparer’s name and address. 
  7. The property address.
  8. Property’s Parcel Identification Number (PIDN).
  9. Property description.
  10. Property’s homestead status.
  11. Consideration clause – the value or the amount of money exchanged.   
  12. Derivation clause.
    The derivation clause is a statement explaining the source from which the current owner received their property rights. Here are the guidelines:

    1. Property received through a recorded title.
      • Reference the previous deed or recorded writing.
      • Specify the location where the previous deed or writing was recorded.
      • Provide the date, book, and page number where the previous deed or writing can be located.
    2. Property received through a non-written source:
      • Describe how and when the title to the property was obtained.
      • Include the name and relationship of the source.
    3. Property inherited through written or non-written source:
      • An Affidavit of Descent must be completed and filed with the County Clerk before the quitclaim deed is submitted for recording. 
      • If the Affidavit has already been filed, include information on the record (date filed, location, and index numbers).

Who Signs a Quitclaim Deed in Kentucky?

For a quitclaim deed to be legally valid in Kentucky, it must be signed by the Grantor. As dower and curtesy rights are recognized in Kentucky, if the Grantor is married, both spouses must sign the quitclaim deed.

The signature of the Grantor and the Grantee must be acknowledged by a notary public or two witnesses.

How to File a Quitclaim Deed in Kentucky 

Here’s how to file a quitclaim deed in Kentucky: 

  1. Prepare the quitclaim deed with the information required.
  2. If the Grantor inherited the property, ensure that an Affidavit of Descent is filed with the county clerk before recording the quitclaim deed.
  3. Statement of Consideration.
    • A Statement of Consideration must be included with the quitclaim deed. 
    • The Statement must declare one of the following:
      • If the transfer is not a gift, confirmation that the consideration in the deed is the full amount paid for the property. 
      • If the transfer is a gift, declare the estimated fair cash value of the property.
    • The Statement must be sworn and signed by the Grantor and the Grantee, in the presence of a notary. 
    • The Statement is not required in certain circumstances, including:
      • Deeds dealing with utility easements (rights to use someone else’s land).
      • Deeds that are part of divorce proceedings.
      • Deeds related to cemetery lots.
      • Corrections to previous deeds of the same property.
  4. Once the quitclaim deed is signed, ensure that it is acknowledged by the Grantor before a notary public or two witnesses.
  5. Lastly, the quitclaim deed must be filed at the Clerk’s Office in the county where the property is located.

    How Much Does it Cost to File a Quitclaim Deed in Kentucky?

    In Kentucky, the minimum charges for filing a quitclaim deed are as follows:

    • Filing fee for deeds up to 5 pages is $33.
    • Additional fee for each page over 5 is $3.

    However, the actual filing fees charged by counties can vary. The Kentucky County Clerk’s Association has established a standard fee of $50 for the recordation of deeds.

    What Taxes Are Owed on Quitclaim Deeds in Kentucky?

    In Kentucky, the transfer of property using a quitclaim deed triggers real estate transfer tax:  

    • The transfer tax rate is $0.50 per $500.
    • The amount taxed is the total paid for the property or the value of the property. 
    • In Kentucky, many transfers that are generally filed under quitclaim deeds are tax-exempt, including:
      • Transfers involving gifts or nominal consideration.
      • Transfers confirming or correcting previous deeds.
      • Transfers between spouses or former spouses during divorce.
      • Family transfers with nominal consideration.
      • When the grantor is the sole beneficiary.

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    How Long Does a Quitclaim Deed Take to be Recorded in Kentucky?

    The length of time it takes to record a quitclaim deed in Kentucky can vary significantly based on county-specific processes. Typically, it can take anywhere from a few days to a few weeks.

    What Happens After a Quitclaim Deed is Recorded in Kentucky?

    If the quitclaim deed is prepared correctly and the necessary documents are included, the County Clerk’s Office will process the deed and add it to the county’s permanent public record.

    How Long Are Quitclaim Deeds Valid For in Kentucky? 

    There is no expiration for quitclaim deeds in Kentucky. However, the time limit to recover real property in Kentucky is 15 years.