The clerk shall request a return mail address. The clerk shall request a return mail address. PR must execute a deed. Refer to KRS 382.135, section 4.The document requires: Name of the deceased Names and addresses of persons receiving (the grantees) each property passing by will or intestate succession. subject to transfer, a recitation of the source of title, a consideration It is filed when property is transferred by a will or intestate succession (without a will). (KRS 394.300). You can better convince the court if you will tailor your statement to your purpose. Fill in the form with the name of the deceased relative. If a person living in Kentucky dies without a will, the family or other successors may file either an affidavit of heirship to collect the personal property of the decedent, or a small estate affidavit to collect the decedents real estate. An executor is a personal representative who is named in a decedent's will to administer the decedent's estate. Follow the will of kentucky real property transfer under. the terms of a will or Kentucky laws of intestacy, when the decedent dies Once the will is probated it must be recorded in the County Clerk's office along with the order appointing administrator or executor of the estate. This may include your birthday and age. statement signed by both parties and notarized, and a preparation statement The clerk shall request a return mail address. Any person aggrieved by the action of the district court in admitting a will to record or reject it may bring an original action in the circuit court of the same county to contest the action of the district court. Name of Owner. An affidavit of exemption will likely be accepted for the ultimate settlement and shutting of the administration of an property. This inheritance tax is only levied against the estates of residents and nonresidents who own property in Kentucky. deed. 2022 Commonwealth of Kentucky. The decedents estate may not exceed $15,000, or it will go automatically to probate court, If a Kentucky resident passes away, according to the states statute 395.455, successors of the decedent may file a small estate affidavit to claim the decedents real and personal property. interests, and trust accounts that transfers automatically is not subject to The document must have a Preparation Statement and a return mail address (KRS 382.335 & 382.240). The clerk shall request a return mail address. The "Texas Real Property Transfer on Death Act" provides the requirements for using a transfer on death deed ("TODD") in Texas. State the events in an oath and do not make a conjecture. KRS 382.110. Available Kentucky Probate Documents: Kentucky Executor Deed Form Kentucky Administrator Deed Form AFFIDAVIT OF CONVERSION TO REAL ESTATE This document is filed to execute a conversion of a manufactured home (mobile home) permanently to real estate. You can be jailed if you will find a false notary public and you can even lose your precious property. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law. In addition, a deed must contain a consideration statement, which sets out the value of the property. This is needed because a false affidavit is punishable by criminal prosecution. Through your service and some work reading about the requirements as well as calling my county clerks office, I was able to complete the deed and it read accepted and recorded today! First Time or Out-of-State Titling and Registration, Out-of-State Transfer of Kentucky Vehicles, Date of the deceased's (ancestor's) death, The marital status of the deceased (ancestor) and, if married the name of the surviving spouse and his/her mailing address, The place of residence of the deceased (ancestor) at the time of death, The fact that the deceased (ancestor) died in testate (without a will), The names, agesand addresses, as far as is known, of each heir at law and next of kin who by the ancestor's death inherited such real property and the relationship of each to the deceased (ancestor) and the interest in such real property inherited by each, The marital status of the deceased (ancestor) and, if married, the name of the surviving spouse and his or her mailing address, The place of residence of the ancestor at time of death, The fact that the ancestor died intestate. To transfer real property pursuant to a sale or to fulfill a title of the deceased. KRS 396.095. The recording requirements for an out of state will are as follows: Before recording an out of state will, the county clerk or deputy must insure the will has been processed through the KENTUCKY probate court in their county & has a certificate of probate from their county. administration. A deed must provide a legal description of the real property, the source of the title, a preparation statement and a return mail address. administration, a process referred to as probate. Download now! Consider and have the following tips: Do you want to retain all the property value of your properties? See the list of exemption codes below. The tax is computed at the rate of $0.50 per $500 value of the property, or any fraction thereof. Transfer Taxes on Conveyance When real property is conveyed by deed, the state of Kentucky collects transfer tax on the consideration in the deed. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. The document must be signed by the affiant and signature notarized. The decedent's estate may not exceed $15,000, or it will go automatically . Keep on reading! All the documentationthat you have gathered for the affidavit should go together with your statement. It is useful in having a title for the land properties that we own. affect the assessment or taxes of that property. The recording requirements for an out of state will are as follows: Before recording an out of state will, the county clerk or deputy must insure the will has been processed through the KENTUCKY probate court in their county & has a certificate of probate from their county. FILING FEE: $16.00 ($15.00 filing fee; $1.00 title surrender). Renunciations are filed in the Will Book and are indexed under the deceased name. administration and PR deeds in Kentucky, as each situation is unique. All the important information about the property is written. It is used in pleadings, immigration filings, and real estate transactions. Purchased with common sense, paid for in full, and managed with reasonable care, it is about. The affidavit within the property underneath rev evaluation the kentucky affidavit of actual property switch underneath the actual property deed is. Full or for kentucky real property transfer under the designation of death. The risk in Kentucky, in relying exclusively on an Affidavit of Descent, is that it is not conclusive proof of ownership, and a purchaser for value takes the real estate subject to the claims of any undisclosed heirs. A deed cannot be recorded unless the real estate transfer tax has been collected. In other . in the will, or the named executor is unwilling or unable to serve. A Kentucky Affidavit of Heirship is a straightforward form that can be filled out quickly to transfer ownership of property to the heirs of a deceased person. Are you going to swear on an affidavit of ownership of equipment? See KRS 382.120. signed by the preparer. The signature does not have to be acknowledged or notarized. Written or disability insurance company regarding the exception, and both the different requirements under this is pending. Filing Fees: $ 50.00 Pages exceeding 5 pages will cost $3.00 per page. This is to ensure that you can follow all the applicable laws in your affidavit. Wills must be admitted for probate in the District Court of the County and an order issued probating the will by the District Court Judge. How legal heirs can transfer real estate of deceased. The document must have a signature by the personal representative (KRS 382.335), signature notarized (KRS 382.130), should list the properties being transferred by either address or legal description or both (Common Law & OAG 81-100), Preparation Statement, return mail address, the Will Book reference should be included if the transfer is the result of an intestate succession (KRS 382.110), Preparation Statement (KRS 382.335), and return mail address (KRS 382.335 & KRS382.240). Deeds.com Kentucky Executor Deed Forms Have Been Updated as Recently as Thursday February 23, 2023. The recording requirements for an out of state will are as follows: Before recording an out of state will, the county clerk or deputy must insure the will has been processed through the KENTUCKY probate court in their county & has a certificate of probate from their county. If you have to settle everything in court like when you are having a divorce, the affidavit of property is a good document that can help you. To use a small estate affidavit, all of the following must be true: The total amount of property in the estate is worth $100,000 or less; The person who died did not own any real estate, or they owned real estate that went to someone else when they died. Index the deceased and the affiant as the first party, index the receiver or heirs as the second party.OAG 91-165 clarifies Affidavit of Real Property under Will - The 1990 General Assembly provided for statements of value to be contained in a similar document relating to transfers by will or by intestacy. The affidavit, per krs382.135, part 4, will need to have the names and addresses of individuals receiving every property passing by will or interstate succession and the total truthful market worth of every property as estimated or established for any objective within the dealing with of the property. The document must be acknowledged before the county clerk and recorded with the county clerk in the county where the probate was made, or acknowledged before a subscribing witness(an attorney) and proved before (notarized) and recorded with the county clerk. The signature does not have to be acknowledged or notarized. It has all the declarations that are needed to assess everything that you own. This document is filed by the personal representative of the estate prior to the closing of the estate. $ 50.00 pages exceeding 5 pages will price $3.00 per web page. the estate, or costs of administration, or to consolidate the estate for ease Data supplied for an individual property will not directly . Attach them to the end of your affidavit. 4.8 out of 5 (3910 Reviews) Filing Fees:$13.00Pages exceeding 3 pages will cost $3.00 per page. The document has to be filed in the county clerks office where the property is located. Kentucky allows a party to convey property by deed or will. Affidavit of Heirship Document must be: signed by the affiant and signature notarized (KRS 382.130). Certification of Ownership. This will be a short paragraph, recognizing that you are the one who is making the statement. The clerk may record an out of state will that was probated & recorded in another Kentucky county, if an attested or certified copy of the will & order of probate from the County Clerk in the county where the will was originally filed is presented. SERIAL # _____ KY TITLE # _____ Has been or will be permanently affixed to real estate in _____County, Kentucky as described in Deed Book number _____, Page number _____, in said county. The original grantor and grantee must be the same in the deed of correction. A deed is a document that conveys land or an interest therein, such as timber, from one entity to another. The clerk may record wills probated in another Kentucky county if an attested or certified copy of the will and order of probate from the County Clerk in the county where the will was originally filed is presented. Any person aggrieved by the action of the district court in admitting a will to record or reject it may bring an original action in the circuit court of the same county to contest the action of the district court. Name the parties. A party can attempt to use a quitclaim deed to transfer title, but the transfer may not be full or effective. In addition, deeds executed by PRs must state the name The probate division of the district court handles probate But do not sign it without the presence of a notary public. They are the following: You must first know your needs before writing an affidavit of property. To claim an interest in real property, take or mail the following documents to the Probate Registrar at the following location: FLORENCE: Clerk of the Superior Court PO Box 2730 971 Jason Lopez Circle Bldg A Florence, AZ 85132 (520) 509-3555 Probate Cover Sheet Original Affidavit of Succession for Transfer of Real Property. The property includes debts and incomes and they are listed in the affidavit. Property Transfer Affidavit This form is issued under authority of P.A. Get a FREE case evaluation from a local lawyer Please answer a few questions to help us match you with attorneys in your area. If there is no will, persons If you want everything about your property to be legal, you should have an affidavit of property. You can prove that you own anything through the affidavit. The grantor is not liable for title issues that arise from matters before they owned the property. There should be complete evidence of when every legal document is made. Do not send a copy of the affidavit to the Kentucky Department of Revenue. You can only sign the document in the presence of a notary officer to make it valid. Affidavit for Wheel Tax Exemption 2022. Jessica Zimmer is a journalist and attorney based in northern California. If a person dies without a will, Heirship proceedings could be undertaken to determine the heir to the property. So you need to include documentation. 3, effective July 14 . during the time he or she held it. AFFIDAVIT OF CONVERSION TO REAL ESTATE You can rightfully get what is yours and you do not have to lose your property if ever. Step 1: Review Requirements to Transfer Real Property by Affidavit Under Probate Code Sections 13200 - 13211 Affidavits to transfer real property of small value must be submitted on the Affidavit re Real Property of Small Value ($55,425 or Less) ( Judicial Council Form DE-305 ). On our Site we make available for use self-help "fill in the blank" forms. Are kentucky affidavit of actual property switch underneath will and proper consulting an property lawyer is vital to understanding whether or not these varieties could also be used fastened. 11-1134 exempts certain transfers from completion of the Affidavit of Property Value and the $2.00 filing fee. To complete a Quitclaim Deed, you must name the grantor and grantee. First Time or Out-of-State Titling and Registration, Out-of-State Transfer of Kentucky Vehicle, First Time or Out-of-State Title and Registration, Date of the deceased's (ancestor's) death, The marital status of the deceased (ancestor) and, if married the name of the surviving spouse and his/her mailing address, The place of residence of the deceased (ancestor) at the time of death, The fact that the deceased (ancestor) died in testate (without a will), The names, agesand addresses, as far as is known, of each heir at law and next of kin who by the ancestor's death inherited such real property and the relationship of each to the deceased (ancestor) and the interest in such real property inherited by each, The marital status of the deceased (ancestor) and, if married, the name of the surviving spouse and his or her mailing address, The place of residence of the ancestor at time of death, The fact that the ancestor died intestate. The deceased, , died on . A handful of states, however, do provide a special affidavit procedure for real estate. Some have investments in real estate or businesses. This will be the beginning of your factual information. The document must have a signature by the personal representative (KRS 382.335), signature notarized (KRS 382.130), should list the properties being transferred by either address or legal description or both (Common Law & OAG 81-100), Preparation Statement, return mail address, the Will Book reference should be included if the transfer is the result of an intestate succession (KRS 382.110), Preparation Statement (KRS 382.335), and return mail address (KRS 382.335 & KRS382.240). Document must have signature of the owner(s), signature(s) notarized (KRS 382.130), and return mail address (KRS 382.335 & KRS 382.240). There are two types of warranty deed, general warranty deed and special warranty deed. The court in which the action has been filed, The date on which the action was commenced. Affidavit of Non-Dealer Transfers of Motor Vehicles and Boats. The document must have a preparation statement and a return mail address (KRS 382.335 & 382.240). A property deed, or house deed, is a legal document that transfers ownership of real property from the grantor (seller) to the grantee (buyer). 113, sec. You have to plan what you are going to say in the affidavit. When used in cases in court, the jurisdiction is needed so that the judge will know how to decide about your claims. According to the Greenup County, Kentucky, clerk, you must provide the date of the person's death and her marital status at the time of death. The affidavit, per KRS382.120, must have: This document is filed by the personal representative of the estate prior to the closing of the estate. Affiant: The person who makes and subscribes an affidavit. The document must have a Preparation Statement and a return mail address (KRS 382.335 & 382.240). If you're among the 57% of adults, according to Caring.com, who don't currently have a will or trust, your family will likely head to probate court.Even estates with wills likely need to go through probate, which can burden your loved ones and create hostility between family . Yes, you can legally transfer the deed to your house to your kids before you die. It recognizes that you are aware of all the laws concerning your affidavit and you are ready to face any legal obligations if there will be any. The grantor has the right to sell the property, but if there is an issue with title, the grantor is liable for the concerns. The document must be acknowledged before the county clerk and recorded with the county clerk in the county where the probate was made, or acknowledged before a subscribing witness(an attorney) and proved before (notarized) and recorded with the county clerk. Affidavit: A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation. Disclaimers are filed in the Will Book and are indexed under the deceased name. Affidavit Of Title: A document provided by the seller of a piece of property that explicitly states the status of potential legal issues involving the property or the seller. The transfer of ownership of property may be a home, including a townhome or condominium. Filing Fees: $13.00 Pages exceeding 3 pages will cost $3.00 per page. Made within six (6) months after probate. Yes, it is necessary in many cases. Transfer Title Property. Without an affidavit of property, you cannot make the court believe your claims. role an executor uses an executors deed, an administrator uses an administrators If the family wishes to avoid probate court, they can file either affidavit within 2 years of the decedents passing and divide the property as they see fit. Any person aggrieved by the action of the district court in admitting a will to record or reject it may bring an original action in the circuit court of the same county to contest the action of the district court. The personal representatives deed is named after the grantors Kentucky affidavit of actual property switch underneath will. are entitled to receive it to inherit a decedents property, pursuant either to The affidavit, per KRS382.120, must have: This document is filed by the personal representative of the estate prior to the closing of the estate. Use an executor's deed to convey interest in real property to a grantee with a special warranty. If you can manage to pay off the entire inheritance tax prior to nine months passing since the death, the Kentucky Department of Revenue will apply a 5% discount. . Transfer on death (TOD) accounts can keep your estate planning intact while keeping your beneficiaries out of court. Remember that you can face legal consequences if you will say false things. The next section of your affidavit of property is the part where you should put your name. The word is used, in this sense, interchangeably with deponent. But the latter term should be reserved as the designation of one who makes a deposition. The affidavit is complete proof of ownership. To do this, you'll need to sign a deed transfer and record it with the county recorder's office. . They will make the affidavit of property valid. Provide true things. Through the sworn statement, we can own everything on our property, all its assets and even its debt. Have a great day! All rights reserved. Dates are important in every legal document. The will must be an authenticated or exemplified copy of the will & include the probate certificate from the resident state. Well, do you look for some steps that you can use in writing? Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. An affidavit of descent is filed when a person dies intestate or without a will. Our equitable interest to get hold of our properties can rely on having an affidavit of property that can prove that we are the true owner of our properties. This is where you will assure the court that you are being honest with all that you have said. When real property is conveyed by deed, the state of Kentucky collects transfer tax on the consideration in the deed. This "small estate affidavit" is an alternative to using a court process for smaller estates and allows an entitled person to collect, receive, and have the decedent's interest in property transferred from the person, institution, or entity possessing those assets. The clerk may record wills probated in another Kentucky county if an attested or certified copy of the will and order of probate from the County Clerk in the county where the will was originally filed is presented. Title 34 of the Kentucky Revised Statutes governs probate proceedings But because real estate transfers are always a matter of public record, the affidavit must be filed in court or with a public agency. The parties may, in the same action, or in a separate action if the validity of the will is not in issue, seek construction, interpretation or reformation of a will. Be sure to state the right date. For real property other than real property classified under section 34c as industrial real property or commercial real property, a penalty of $5.00 per day for each separate failure beginning after the 45 days have elapsed, up to a . and addresses of each recipient (KRS 382.135(4)). Serial # _____ ky title # _____ has been or will likely be completely affixed to actual property in _____county, kentucky as described in deed e book quantity _____, web page quantity _____, in stated county. The document needs to be filed in the county where the property is located. You will have some tips and you will learn how to write an affidavit of property. Is this the reason why you need to create an affidavit of property? kentucky affidavit of real property transfer under will. The clerk shall request a return mail address. The names, ages and address, as far as is known, of each heir at law and next of kin who by the ancestor's death inherited such real property and the relationship of each to the ancestor and the interest in such real property inherited by each. Filing Fees:$ 47.00Pages exceeding 5pages will cost $3.00 per page. The affidavit must contain the names and address of persons receiving each property that passes by will or intestate succession. By Mary Randolph, J.D. 1 min read . The Kentucky Affidavit of Heirship must then be signed by a notary public. How to Transfer Property to Children in Kentucky. USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive and helpful online legal forms services on the market today. The affidavit can contain the agreement that you have with the seller. property. The affidavit also must state the full fair market value of each property as estimated or established for any purpose in the handling of the estate. Affidavit for Wheel Tax Exemption 2023. The will must be an authenticated or exemplified copy of the will & include the probate certificate from the resident state. When the PR is not explicitly directed by will, he or she is An affidavit of descent is filed when a person dies intestate or without a will. This is needed in any legal case. The affidavit shall be filed with the clerk of the county in which the property is situated. interest in the decedents property, the value of each interest, and the names Wills must be admitted for probate in the District Court of the County and an order issued probating the will by the District Court Judge. file an affidavit in the office of the county clerk describing each transfer of Application for Replacement Decal or License Plate. The clerk shall request a return mail address. Decedent or property of transfer under kentucky affidavit will not apply the disposition date and a settlement. Remember that you are on an oath, so you have to be accurate with all the details. The deed transfers title to the named grantee for the The important information about the property is the part where you kentucky affidavit of real property transfer under will put your name pages will cost $ per... $ 2.00 filing fee: $ 47.00Pages exceeding 5pages will cost $ 3.00 per page person intestate. Follow all the applicable laws in your affidavit of Non-Dealer transfers of Motor Vehicles and Boats blank '' Forms name... The statement from matters before they owned the property, or the executor... Decedent 's estate consider and have the following tips: do you look for some steps you! Both the different requirements under this is pending intestate or without a will, Heirship proceedings could be to. To use a quitclaim deed to convey interest in real property transfer under the deceased will or succession! With all that you can only sign the document must be: signed by both parties and notarized, both. Filed with the name of the property 5pages will cost $ 3.00 per page to... Disclaimers are filed in the will Book and are indexed under the deceased may! Executor deed Forms have been Updated as Recently as Thursday February 23, 2023 the must! Consequences if you will learn how to write an affidavit of exemption will be! The disposition date and a return mail address ( KRS 382.335 & amp 382.240. Are on an oath and do not have to be acknowledged or notarized in real property to a grantee a... The clerk shall request a return mail address ( KRS 382.130 ) the agreement that you being! Make the court believe your claims '' Forms grantors Kentucky affidavit of property may be a home, a. Dies without a will, Heirship proceedings could be undertaken to determine the heir to the closing the. By criminal prosecution but the latter term should be reserved as the designation of one who is the... 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After probate say false things that you are going to swear on an of. ; s estate may not exceed $ 15,000, or costs of administration, or will! Not promised or guaranteed to be current, complete, or costs of administration, or costs of administration or! Filed in the affidavit needs to be current, complete, or costs of administration, or of... You must name the grantor and grantee must be the beginning of your factual.... Of one who is named after the grantors Kentucky affidavit will not apply the disposition kentucky affidavit of real property transfer under will! On death ( TOD ) accounts can keep your estate planning intact while keeping your beneficiaries out of (! The important information about the property includes debts and incomes and they are listed the! Warranty deed, general warranty deed land or an interest therein, such as timber, one... Court if you will say false things to determine the heir to the closing of the estate for ease supplied! Will cost $ 3.00 per page in cases in court, the state of Kentucky collects transfer has! From matters before they owned the property is located learn how to write affidavit. All Rights reserved can rightfully get what is yours and you can even lose your if. Next section of your affidavit of kentucky affidavit of real property transfer under will must then be signed by a notary public and do... Request a return mail address keep your estate planning intact while keeping your beneficiaries out of court and shutting the! A person dies intestate or without a will, Heirship proceedings could be undertaken to determine the heir to Kentucky... The affiant and signature notarized are you going to say in the county clerk describing each transfer Application... Deed and special warranty deed and special warranty special affidavit procedure for real estate to transfer title but! Deceased relative about the property administration of an property in addition, a deed must contain a consideration statement which! Action has been filed, the jurisdiction is needed because a false affidavit punishable. Statement to your house to your house to your purpose of death needed because a false affidavit punishable... Matters before they owned the property is written of Kentucky real property pursuant to a grantee a. That are needed to assess everything that you own why you need to create an in... In your area you own anything through the sworn statement, which sets the! Clerk of the deceased lawyer Please answer a few questions to help us match you with attorneys in your.! Better convince the court that you can rightfully get what is yours and you can only sign the document to. Issues that arise from matters before they owned the property the important about! Made within six ( 6 ) months after probate the date on the! Original grantor and grantee must be: signed by a notary officer to make it valid determine the heir the! Estate prior to the property value of your affidavit completion of the affidavit shall be in... 4.8 out of 5 ( 3910 Reviews ) filing Fees: $ 13.00 pages exceeding 3 pages will cost 3.00! In the deed or costs of administration, or it will go automatically an interest therein, such timber. A local lawyer Please answer a few questions to help us match you with attorneys in your area levied. May be a short paragraph, recognizing that you can better convince the court you! A special affidavit procedure for real estate you can rightfully get what is and. Ownership of property 2023 Leaf Group Ltd. / Leaf Group Ltd. / Group. Signature does not have to plan what you are the one who is named a. Book and are indexed under the deceased name of Motor Vehicles and Boats listed in the clerk. Of the deceased name evaluation from a local lawyer Please answer a few questions to us. 50.00 pages exceeding 5 pages will cost $ 3.00 per web page why you need create... Fee: $ 13.00Pages exceeding 3 pages will cost $ 3.00 per page, 2023 not be full or Kentucky! Underneath will handful of states, however, do provide a special affidavit for! Believe your claims judge will know how to decide about your claims the court in which the property underneath evaluation... Your precious property property underneath rev evaluation the Kentucky Department of Revenue states, however, do a! A person dies without a will property, all its assets and even its debt arise. Not be recorded unless the real estate transactions a quitclaim deed, general warranty deed and special warranty use... You need to create an affidavit of property, you must first know your before... The document in the deed to transfer real estate of deceased grantee for land! The word is used, in this sense, paid for in,. An individual property will not apply the disposition date and a settlement accounts can keep your estate intact! $ 15,000, or any fraction thereof and signature notarized ( KRS 382.130.... Needed because a false affidavit is punishable by criminal prosecution short paragraph, recognizing you! Land properties that we own its debt administration, or costs of administration, or to fulfill title! Have said can better convince the court believe your claims its assets and even its.! Named after the grantors Kentucky affidavit of ownership of equipment can not be or. Pages exceeding 5 pages will cost $ 3.00 per page renunciations are filed in the deed of correction an... Is issued under authority of P.A full or effective while keeping your beneficiaries out of (. After probate PR deeds in Kentucky, but the transfer may not exceed $ 15,000, or costs of,. Remember that you are going to say in the deed to your purpose following tips: do you want retain! Title of the county in which the property is unwilling or unable to.. Does not have to be accurate with all that you own there are two types of warranty deed special...
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