Detailed answer — how property transfer works in Kentucky after a spouse dies

When a spouse dies, the procedure to make your child the recorded owner depends entirely on how the property was titled and whether the decedent left a valid will or a transfer-on-death designation. Below are the common scenarios and the step-by-step actions you will likely need to take in Kentucky.

Step 1 — Gather documents

• Obtain multiple certified copies of the death certificate from the Kentucky Office of Vital Statistics or the county health department.
• Locate the recorded deed (current deed showing how the deceased held title), the will (if any), mortgage or lien documents, and any beneficiary or Transfer‑on‑Death paperwork.
• Find any title insurance policy, closing papers, or estate planning documents (trusts, declarations of joint tenancy, etc.).

Step 2 — Identify how the property was titled

The method for making your child the owner depends on title:

• Joint tenancy with right of survivorship or tenancy by the entireties: If the deed named you or your child as a surviving joint owner with survivorship language, ownership typically passes automatically to the surviving joint owner. You will record a copy of the death certificate and any required affidavit with the county clerk/recorder to update the deed record.
• Transfer-on-Death (TOD) deed or beneficiary deed: If the decedent recorded a valid TOD deed naming your child as beneficiary, the child becomes owner upon death by operation of law. To clear title you generally record an affidavit of death and a certified death certificate with the county clerk. Kentucky counties may have specific forms and requirements.
• Sole ownership (deed in decedent’s name only): If the property was only in the decedent’s name and there was no TOD deed, the property transfers through probate (if there is a will) or by intestate succession (if there is no will). In those cases you must open the estate in the appropriate Kentucky court and obtain authority to convey the property.
• Owned by a trust: If the property was titled in a trust, the successor trustee follows the trust’s terms and records an affidavit or trustee’s deed with the county recorder.

Step 3 — Actions for the most common situations

If title passes automatically (joint tenancy / TOD)

1. Get certified death certificate(s).
2. Contact the county clerk/recorder where the property is located and ask what they require to update the land records (many counties accept a recorded affidavit and a copy of the death certificate).
3. Prepare the required affidavit of death of joint tenant or beneficiary designation documentation. Have the affidavit notarized and then record it with the county clerk along with the death certificate and a copy of the recorded original deed.
4. Obtain an updated title report or certified copy of the recorded documents to confirm the child is now the recorded owner.

If the property must transfer through probate (sole ownership)

1. Determine whether there is a will. If there is, the executor named in the will should file the will with the appropriate Kentucky district court (probate court) to open probate.
2. If no will, a relative (often the surviving spouse or an adult child) petitions the court to be appointed administrator (letters of administration) under Kentucky probate procedure.
3. After appointment, the personal representative/administrator collects assets, pays valid debts and taxes, and either conveys property according to the will or distributes it under Kentucky intestacy rules.
4. When a real property transfer is authorized by court order, the personal representative will sign and deliver a deed (typically a personal representative’s deed or executor’s deed) to the beneficiary (your child). The deed must be properly prepared, notarized and recorded in the county where the property is located.

Step 4 — Prepare and record the new deed

Once you have authority to convey title (either by operation of law, by your status as surviving joint owner, by trustee authority, or by a probate court order), prepare the appropriate deed to transfer title to your child. Common deed types include:

• Personal Representative’s or Executor’s Deed: Used when a probate personal representative conveys the property under the court’s authority.
• Quitclaim Deed: Conveys whatever interest the grantor has without warranty. Sometimes used in intra-family transfers, but it offers the grantee less protection.
• Grant or Warranty Deed: Provides warranties about title and is preferred by buyers or when clearing title for sale or financing.

Have the deed properly completed, signed by the grantor (or by the personal representative as authorized by the court), and notarized. Then record it with the county clerk/recorder where the property is located. Pay the applicable recording fees and any real estate transfer taxes or documentary stamps if required by county/state law.

Other important issues to address

• Existing mortgage: If the property has a mortgage, transferring the deed does not automatically remove the mortgage. The lender may have rights and may require payoff or loan assumption conditions.
• Title defects, liens and judgments: Clear any liens before or at the time of transfer so the child receives marketable title.
• Taxes: Transferring property can have tax consequences (real property taxes, estate taxes in limited circumstances, or capital gains when the property is later sold). Consult a tax professional or attorney for tax planning.
• Disputes: If someone contests the will, the ownership, or whether the deed passed by survivorship, you may need to resolve the matter in court. Obtain legal counsel early if a dispute appears likely.

Where to find official Kentucky information

Helpful official resources:

• Kentucky Court of Justice (general probate and court information): https://kycourts.gov/
• Kentucky Revised Statutes (search statutes and legal text): https://apps.legislature.ky.gov/law/statutes/

Because county clerks administer deed recording, also contact the specific county clerk’s office where the property sits for their local forms, recording fees, and exact procedural steps.

Typical timeline and costs

If title passes automatically (joint or TOD), the process can take a few days to a few weeks (mostly waiting for certified death certificates and county recording). Probate can take several months to over a year depending on estate complexity (creditor notices, asset liquidation, tax matters). Recording fees vary by county; legal fees for probate or title work vary by case.

When you should talk to an attorney

Consult an experienced Kentucky attorney if any of the following apply:

• Title is solely in the deceased spouse’s name and probate seems required.
• There are mortgages, liens, or potential creditor claims.
• A will is contested or unclear, or family members dispute ownership.
• You want to minimize taxes or plan future ownership transfers.

Helpful Hints

• Start by getting several certified death certificates; most government offices and financial institutions require originals or certified copies.
• Call the county clerk/recorder first — each county may have slightly different recording forms and fee schedules.
• Check the recorded deed at the county clerk to confirm the exact wording of ownership (joint tenants, tenants in common, survivorship language, or TOD language).
• If you find a TOD deed or joint-tenancy language, bring the death certificate and a copy of the recorded deed to the county clerk to learn their exact recording procedure for clearing title.
• If probate is needed, gather the will (if any) and financial information before filing — that speeds administration and may reduce costs.
• Use a properly drafted deed form for the county and have it reviewed if you are unsure which deed to use; an incorrect deed can create title problems later.
• If a mortgage exists, notify the lender and check whether transfer will trigger the due‑on‑sale clause or require loan assumption.
• Keep an open record of all filings and receipts (recording stamps, court filings, and correspondence) for future title searches and tax filings.
• When in doubt about contested matters or tax consequences, hire a Kentucky attorney experienced in probate and real estate; early legal help can prevent costly litigation later.

Final reminder: This overview explains common Kentucky procedures but is not a substitute for legal advice. For steps tailored to your facts, contact a Kentucky probate or real estate attorney or the local county clerk’s office.