Title XXXIV, Descent, Wills, and Administration of Decedents' Estates

(1) Where the exemption for the surviving spouse or children, alone or together with preferred claims, paid by either the surviving spouse or children or by the surviving spouse where the surviving spouse's estate is legally liable for payment, equals or exceeds the amount of dis…

(1) Administration of the estate of a person dying testate or intestate may be dispensed with by agreement if: (a) There are no debts owing by the estate; (b) All beneficiaries entitled to the personal estate have agreed in writing, under penalty of perjury, that there shall be n…

If any person beneficially interested in an estate is not sui juris, consent for that person to the written agreement provided by subsection (1) of KRS 395.470 may be given by his guardian, curator or conservator. In the case of a prisoner otherwise sui juris, consent may be give…

If administration or letters testamentary have been granted before application for an order dispensing with administration, the court shall not make such an order except upon notice to the personal representative and opportunity for him to be heard, nor until the costs of the adm…

An order dispensing with administration pursuant to KRS 395.470 may be set aside at any time within one (1) year from the order dispensing with administration under KRS 395.470 upon motion of any person who satisfies the court by prima facie proof that he has a just and unsatisfi…

(1) A representative, legatee, distributee or creditor of a deceased person may bring an action in circuit court for the settlement of his estate provided that no such suit shall be brought by any of the parties named except the personal representative until the expiration of six…

sold, when. In such an action the petition must state the amount of the debts and the nature and value of the property, real and personal, of the decedent, so far as known to the plaintiff; if it appears that there is a genuine issue concerning the right of any creditor, benefici…

In all actions the court shall make an order for the creditors of the decedent to appear before a commissioner, to be appointed by the court, and prove their claims before a certain day to be named in the order, notice of which shall be given by publication pursuant to KRS Ch. 42…

A creditor appearing before the commissioner and presenting his claim becomes thereby a party to the action, and is concluded by the final judgment of the court allowing or rejecting his claim.

Creditors failing to appear and prove their claims, pursuant to such order, shall have no claim against the executor or administrator who has actually paid out the estate in expenses of administration, and to creditors, legatees or distributees, and shall have no claim against th…

Upon the institution of the action mentioned in KRS 395.510, an order may be made enjoining the prosecution of actions against the representatives of a decedent, by creditors, for their demands. But such enjoining shall not be made, unless the action for the settlement of the est…

The District Court shall make settlements with personal representatives, assignees, conservators, curators, and guardians in his county.

(1) Upon the application of any fiduciary, under penalty of perjury, that the fiduciary is the sole beneficiary of any estate, the court may dispense with the requirements of this chapter regarding settlement of fiduciaries' accounts and shall accept from the fiduciary an informa…

(1) Two (2) years after appointment and annually thereafter, unless otherwise provided by law, every fiduciary as defined in KRS 395.001, other than a guardian or conservator of a mentally disabled person, shall render an account of the execution of his or her trust and file it w…

The District Court may hear evidence for or against any item, and may question fiduciaries, under oath, about any matter connected with the settlement. Witnesses may be summoned at the instance of either party to give evidence when the settlement is made, or upon the trial of exc…

(1) A fiduciary may, prior to filing a periodic or final settlement and prior to a distribution of assets, file with the court a proposed periodic or final settlement within the time prescribed for filing settlements in KRS 395.610. (2) The proposed settlement shall be set for he…

Confirmation. (1) The District Judge shall review a periodic or final settlement filed by a fiduciary, accompanied by documentation showing receipts, payments, and distribution. (2) If the settlement is not submitted as provided in KRS 395.617(5) and otherwise found by the court …

(1) Except as provided in subsection (5) of this section, not less than ten (10) days prior to the date of the settlement hearing under KRS 395.620, the clerk of the court shall publish notice of the settlement pursuant to KRS Chapter 424. (2) The notice required under subsection…

evidence. (1) At the settlement hearing, if no exceptions are filed, the settlement, if made according to law, shall be approved. (2) If exceptions are filed, other evidence may be heard, and the court shall upon the whole case, reject, confirm, alter, or amend the settlement. (3…

(1) The district judge shall at least once each year carefully inquire into the solvency of all the sureties upon the bond of each fiduciary that is required by law, or has been ordered by the court to post surety bond. (2) If there is reason to believe that any bond is not amply…

When the court directs, settlements of the accounts of fiduciaries made before and reported by any trial commissioner, and all settlements of estates or funds received or disbursed, under order of the court, by its trial commissioner, after they have been confirmed by the court, …

Where fiduciaries appointed in the District Court are required to make settlement in the Circuit Court, the circuit clerk shall make and file a certificate of each approved settlement, showing the number and style of the case, the number of the file box in which the suit may be f…

The accounts of committees may be settled in the same manner, and the settlements shall have the same effect, as prescribed by KRS 395.600 and 395.640. The District Court of the county in which the committee is appointed shall have the jurisdiction of making the settlements.

Any duty required of the District Judge under KRS 395.600 to 395.655 may, if authorized by rules of the Supreme Court, be performed by the trial commissioner appointed pursuant to KRS 24A.100.

Any fiduciary failing, without good cause, to file his or her inventory or account as required by notice given pursuant to KRS 395.255 shall be fined by the court, for each day he or she neglects or refuses after the date fixed in the notice, the sum of one hundred dollars ($100)…