Request By:
Dora N. Henry
Estill County Clerk
Irvine, Kentucky 40336
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Ross T. Carter, Assistant Attorney General
You have asked whether recent legislation requires that all affidavits of descent include a statement of the fair market value of the property transferred by intestacy.
The general statute governing affidavits of descent, KRS 382.120, has not been amended since 1980. An affidavit of descent must be filed when a grantor conveys property that the grantor has acquired under the laws of descent. An affidavit of descent merely supplies a source of title for the grantor. Since the grantor's deed to the grantee must include a statement of value, there is no need for the affidavit of descent also to contain such a statement.
The 1990 General Assembly provided for statements of value to be contained in a similar document relating to transfers by will or by intestacy. Under KRS 382.135, the personal representative of an estate is required to file an affidavit setting forth the property interests transferred, the value of the interests, and the names and addresses of the persons receiving the property. This affidavit might inaccurately be called an affidavit of descent, leading to the erroneous conclusion that affidavits of descent now must contain a statement of value. While the two affidavits contain much the same information, they are different documents and they serve different purposes. The affidavit of descent is recorded in the deed index and provides a source of title. The personal representative's affidavit is not recorded in the deed index and provides a source of valuation.