A Kentucky general warranty deed transfers a property title and gives the grantee (recipient/buyer) the guarantee that said title is free from encumbrances. Encumbrances are liens, mortgages, or other claims on real estate which cloud the title and can prevent the buyer from receiving financing. A general warranty also guarantees that the owner transferring the property (the grantor) has the right to make the conveyance. These assurances protect the grantee from financial and legal liability, providing them with the most secure method of receiving a title.
In Kentucky, deeds must be executed by two (2) witnesses or acknowledged by a notary public/county clerk prior to recording.
- Statutes: § 382.030
- Consideration Certificate (§ 382.135(1)(e)): Must be completed and filed with the deed if the property was a gift or was “sold” for a nominal fee.
- Formatting:
- Signing Requirements (§ 382.130): Two (2) Witnesses or Notary Public/County Clerk
- Where to Record (§ 382.110): County Clerk’s Office
- Recording Fees (Kentucky County Clerks “Recording Fees”): $50
- Consideration Certificate (§ 382.135(1)(e)): If the conveyance is a gift, the grantor must execute a notarized statement confirming the gift and relaying the property’s estimated value.