Acknowledgements Required for Deeds – In State, Out of State and Foreign
The statutory requirements for acknowledgements are as follows:
Deeds executed in the state (KRS 382.130)
Deeds executed in this state may be admitted to record:
- On the acknowledgment, before the proper clerk, by the party making the deed
- By the proof of two subscribing witnesses, or by the proof of one subscribing witness, who also proves the attestation of the other
- By the proof of two witnesses that the subscribing witnesses are both dead; and also like proof of the signature of one of them and of the grantor
- By like proof that both of the subscribing witnesses are out of the state, or that one is so absent and the other is dead; and also like proof of the signature of one of the witnesses and of the grantor; or
- On the certificate of a county clerk of this state, or any notary public, that the deed has been acknowledged before him by the party making the deed or proved before him in the manner required by subsection (2), (3) or (4)
Signing by making an “X” or a mark.
The following OAG’s opinion addresses this issue, as well as KRS 382.130(5).
OAG 68-438. A grantor, a husband, may sign a deed by making his mark before a notary public, and his acknowledgment of his execution of the deed may be validly taken before the notary, no witnesses to the “mark” signature being necessary; the acknowledgment certificate signed by the notary is sufficient.
Deeds executed out of state (KRS 382.140)
Deeds executed out of this state and within the United States or any of its dependencies may be admitted to record when certified, under the seal of his office or court, by a judge, clerk or deputy clerk of a court, or by a notary public, mayor of a city, secretary of state, commissioner authorized to take acknowledgement of deeds or justice of the peace, to have been acknowledged or proved before him in the manner required by KRS 382.130.
OAG 63-1062. The seal of a notary public must be affixed to a certificate of acknowledgment of a deed executed out of the state in order for the deed to be admitted to record, but the seal is not essential to the validity of acknowledgments of other deeds.
Original signature – the word executed means signed. Black’s Law Dictionary –
“Execute. To complete; to make; to sign; to perform… To perform all necessary formalities, as to make and sign a contract.”
DEEDS EXECUTED IN A FOREIGN COUNTRY (KRS 382.150)
Deeds not executed within the United States or any of its dependencies, may be admitted to record when certified, under his seal of office, by any foreign minister, officer in the consular service of the United States, secretary of legation of the United States, or by the secretary of foreign affairs or a notary public of the nation in which the acknowledgment is made, or by the judge or clerk of a superior court of the nation where the deed is executed, to have been acknowledged or proven before him in the manner prescribed by law.
Fee is $2.00 for county clerk or deputy acknowledging an instrument KRS 64.012
Boyd County Clerk
Boyd County Courthouse
2800 Louisa St.
Catlettsburg, Ky. 41129
Phone: (606) 739-5116
Email: [email protected]
Cedar Knoll Mall
Phone: (606) 929-9595
335 16th Street
Ashland, Ky. 41101
Phone: (606) 325-3547