Using a Kentucky affidavit of heirship to transfer inherited mineral rights. When it applies and how to file at the county clerk.
Quick answer
An affidavit of heirship in Kentucky is a sworn statement identifying the heirs of a deceased mineral owner. It can be used to transfer inherited Kentucky mineral interests in lieu of formal probate when the operator and any title insurance underwriter accept it as evidence of ownership.
Drafted by a Kentucky attorney
Signed by a disinterested affiant familiar with the deceased's family
Notarized
Recorded at the Kentucky county clerk where the property is located
Submitted to the operator with division order updates
Most Kentucky mineral inheritance situations affect the Western Kentucky Illinois Basin producing counties — Henderson, Daviess, Hopkins, Webster, Union, McLean, Ohio, Muhlenberg. Many of these counties have manual courthouse records that require in-person research, making affidavit-based transfers more common than in fully digitized states.
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