We keep Marriage Records, Deeds, Mortgages, Liens, Leases, Veteran Discharges, Notaries Public, Fiscal Court Orders, County Orders, Cemetery plots, Plats, Powers of  Attorney, Releases, and Wills (after probated through court). We do not keep death or birth records; you will have to contact the state to receive those. 


Deeds

Deeds are documents used when transferring ownership of property. All deeds require notarized signatures of the grantor(s) and grantee(s) involved in the transfer of ownership.  The grantor is the seller of the property and the grantee  is the buyer.

Deeds must be filed in the county where the property is located the and must include the following:

  • Identity of the grantor (seller) and their mailing address
  • Identity of the grantee (buyer) and their mailing address
  • Consideration Statement KRS 382.135
  • Legal description of property  (Legal descriptions of property commonly based on the results of a land survey and documented by legal professionals)
  • Source of title
  • Preparation Statement KRS 382.335(1)
  • Return mailing address
  • Notarized signatures of the grantor and grantee


Deeds that must be corrected require a separate a Deed of Correction to be filed.  (See below.)


There are taxes and fees associated with the transfer of deeds. To comply with KRS 142.050, a transfer tax is collected from the grantor (seller) and is calculated based on the purchase price of the property at a rate of $0.50 per $500.00. Any tax exceptions concerning deeds are listed in KRS 142.50(7). The filing fee , paid in addition to the transfer tax, is currently $17.00. If the document exceeds three pages, there is an additional $3.00 per page fee.

If a property is transferred as a gift or with little or no consideration (payment), a sworn, notarized certificate is required stating that the transfer is a gift and providing the estimated fair cash value of the property. The certificate must contain the signatures of the grantor or the grantor's agent, the grantee or the grantee's agent. If the grantor or grantee is under 18 years of age, the signature of a parent/guardian is required. 


Deed of Correction

If there is an error in a previously filed deed or title, a separate deed of correction must be filed. Deeds of correction do not transfer or otherwise alter property ownership. The grantor and grantee listed on the original deed must be the same on the Deed of Correction and no other parties can be added or changed. This document is used solely to correct errors or defects in the original deed.

The deed of correction must include the following:

  • Identity of the grantor (seller) listed on the deed and their mailing address
  • Identity of the grantee (buyer) listed on the deed and their mailing address
  • Consideration Statement KRS 382.135 
  • Legal description of property
  • Source of title
  • Preparation Statement KRS 382.335(1)
  • Reason for the correction (must be obvious)
  • Statement that the document is a Deed of Correction and reference to the original Deed
  • Return mailing address
  • Notarized signatures of the original grantor and grantee


As with the original Deed, a Deed of Correction must be filed in the county where the property is located.  A filing fee of $13.00 will be charged. If the Deed of Correction exceeds three pages, an additional of $3.00 per page is will be charged.


Mortgage

Mortgages (Indentures of Trust) must be filed in the county where the property is located. The filing fee for mortgages is  $17.00 for three pages. A charge of $3.00 per page for each page over three will apply.

Mortgages must include the following:

  • Identity of the mortgagor (borrower, grantor, trustor)
  • Identity of the mortgagee (lender, grantee, trustee)
  • Mortgage amount
  • Maturity date relating to obligation
  • Legal description of property
  • Source title (not required, but recommended)
  • Preparation statement KRS 382.335(1)
  • Return mailing address
  • Notarized signatures of the mortgagor(s)


If there are errors in the original document, mortgages can only be corrected by filing a new mortgage. 


Plats

Plats are maps of land drawn up by surveyors that can be filed with the county clerk's office. The filing fee for plats is $20.00.

Plats must include the following:

  • Signed and sealed surveyor certification
  • Size cannot exceed 24" x 36"
  • Notarized signature of owner's on certification
  • May require approval by city planning commission (differs among counties)
  • Source of title


Affidavit of Descent 

An Affidavit of Descent creates a source of title for a grantor who has inherited land from someone who dies without leaving a will.

State law requires that the affidavit includes the following:

  • Name of deceased (ancestor)
  • Date of death (ancestor)
  • Deceased ancestor's marital status at time of death
  • Deceased residence at time of death
  • Deceased left no will (was intestate)
  • List of heirs-at-law and next of kin who were eligible to inherit real property upon the ancestor's death, including name, age, mailing address, interest in property, and relationship to the deceased.
  • Preparation statement  KRS 382.335(1)
  • Notarized signature of affiant


The filing fee for Affidavits of Descent is $17.00 for three pages with an additional $3.00 fee per page for additional pages. 


Power of Attorney

When acting as an agent on someone's behalf to convey or release property, proof of legal right to do so must be filed with the clerk's office in the form of a power of attorney document.

This document must include:

  • Name of the person granting the power of attorney (grantor) and the person receiving the power of attorney (agent)
  • Notarized signature of grantor
  • Power of Attorney type: General (full power) or specific  powers


The Power of Attorney document must be filed at the same time that the signature of the agent is used on a deed or mortgage,  or must already be on file in the county where the property is located.

Once power of attorney has been established, the requirements for handling  deeds is the same for the agent as it would be for the grantor, unless the power of attorney is specifically limited.

The filing fee for this document is $17.00 for the first three pages. A charge of $3.00 per page for additional pages will apply.


Release

A release, which is also called a Deed of Release or a Satisfaction or Discharge of Mortgage, is needed in order to sell property and receive any deeds or titles to that property.

Releases require the following:

  • Name of the person or entity releasing the obligation
  • Name of the person or entity being released
  • Mortgage book and page reference being released (or the deed book and page, in the case of a vendor's lien)
  • Release type statement: Full or partial release (partial releases require a description of property being released)
  • Notarized signatures of parties executing the release
  • Preparation Statement KRS 382.335(1)


Filing fee: $13.00 for three pages with an additional charge of $3.00 per page for more than three.

DEEDS

To view a list of fees associated with the processing of documents, please click the link below. 

Fee List (3.83MB)


Fees List

Mike Johnston

​​​​​​​Carter County Clerk