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

The term "fiduciary" as used in this chapter: (1) Means any person, association, or corporation meeting the requirements of KRS 395.005 (other than assignee or trustee for an insolvent debtor or a guardian under the Uniform Veterans' Guardianship Act) appointed by, or under the c…

The following persons may be appointed as fiduciary: (1) Any resident of the state of Kentucky, over eighteen (18) years of age, except as set out in KRS 395.080; (2) Any national bank located in Kentucky having fiduciary powers; (3) Any state bank or trust company incorporated u…

Original administration shall not be granted after the expiration of ten (10) years from the death of the testator or intestate and if made after that time, it shall be void.

(1) Any person having a financial or property interest in a decedent's estate may file a demand for notice with the court at any time after the death of the decedent, stating the name of the decedent, the nature of the demandant's interest in the estate, and his address or that o…

will -- General financial disclosure statement -- Declaration. (1) Before being appointed as executor, administrator, curator, or administrator with the will annexed, every person shall make and file in duplicate a written application for appointment under oath, which shall inclu…

(1) (a) When a hearing is ordered by the court, notice of the hearing on an application for the appointment of a fiduciary, or petition for the probate of a will, shall be given by mailing written notice of the time, place, and purpose of the hearing at least five (5) days before…

taken or declaration made -- Exception. (1) The person named in a will as executor shall not act as executor to any extent until: (a) The will or an authenticated copy of the will is admitted to probate; (b) He or she has presented an executed surety bond when required under KRS …

When a person dies intestate, the District Court which would have had jurisdiction to probate his will, had he made a will, shall have jurisdiction to grant administration on his estate.

(1) The court shall grant administration to the relations of the deceased who apply for administration, preferring the surviving husband or wife, or if the surviving husband or wife does not nominate a suitable administrator, then such others as are next entitled to distribution,…

(1) If no executor is appointed by the will, or if all the executors named in the will die, refuse the executorship, or fail to provide surety bond if required by the court, the court may grant administration with the will annexed to the person who would have been entitled to adm…

When the powers of one personal representative cease, the remaining personal representatives may carry the trust into execution. If there is no remaining personal representative, an administrator de bonis non, or, if there is a will, an administrator with the will annexed, shall …

The executor of an executor shall have no authority, as such, to administer the estate of the first testator, but on the death of the sole or surviving executor of any last will, administration with the will annexed of the estate of the first testator may be granted, if the estat…

If all the persons nominated as executors are under the age of eighteen (18) at the time of probating the will, or those who are of age fail to qualify, administration with the will annexed may be granted during minority. If a testator, by his or her will, so directs, however, th…

The appointment of a debtor executor does not extinguish the debt unless the will so directs.

appointment effective. (1) Every fiduciary, before entering upon the execution of the trust, shall receive letters of appointment from the District Court having jurisdiction as fixed by law. (2) The duties of a fiduciary shall be those required by law, and any additional duties a…

A copy of the order by which a certificate is granted to any personal representative obtaining probate or letters of administration shall be as effectual as the probate or letters made out in due form. The clerk of the court making such an order shall, when required by any person…

(1) If the court requires a hearing for the appointment of the fiduciary, each executor, administrator, curator, and administrator with the will annexed or de bonis non shall take an oath before the court in which the application for appointment is made to faithfully perform the …

(1) No bond shall be required of a personal representative appointed under this chapter except as provided in subsection (2) of this section. (2) The court shall order a surety bond of a personal representative appointed under this chapter when the: (a) Appointment is of a public…

Recording. (1) All fiduciaries required to execute a surety bond shall deliver to the clerk of the court of the county in which he or she is appointed a surety bond payable to and with the Commonwealth, subscribed to by the principal and sureties in the presence of a notary, in t…

At the time of appointment of a fiduciary, he may designate an attorney who will represent him in matters relating to the trust, and when so designated notices to such fiduciary shall also be sent by the court to such attorney.

(1) The compensation of an executor, administrator or curator, for services as such, shall not exceed five percent (5%) of the value of the personal estate of the decedent, plus five percent (5%) of the income collected by the executor, administrator or curator for the estate. (2…

For the purpose of computing commissions whenever any portion of the dividends, interests, rents or other amounts payable to an executor, administrator, trustee, guardian, conservator, curator or other personal representative or fiduciary is required by any law of the United Stat…

(1) If a personal representative moves out of the state and fails to designate a process agent as required by KRS 395.015, becomes insane or otherwise incapable to discharge the trust, goes bankrupt or insolvent or is in failing circumstances, the District Court shall remove him …

(1) By giving bond, with surety that is resident of the county in which the action is brought, nonresident executors or administrators of persons who were nonresidents at the time of their death may prosecute actions for the recovery of debts due to such decedents. (2) In such ac…

A personal representative may distribute the estate of a decedent six (6) months after qualification.

Except as restricted or otherwise provided by the will, or by KRS 395.200, a personal representative, acting reasonably for the benefit of the interested persons, may properly: (1) Retain assets owned by the decedent pending distribution or liquidation including those in which th…

The powers set forth in KRS 395.195 are not intended to be exclusive but rather in addition to any powers which the personal representative has at the time of enactment of the provisions of KRS 395.195.

The powers set forth in KRS 395.195 and 395.196 shall not be effective as to wills executed or personal representatives appointed and qualifying prior to June 19, 1976.

At any time after the appointment of a fiduciary, the fiduciary, when satisfied that it would be for the best interests of the estate, may sell, at public or private sale, at the best price obtainable, and for cash or on such terms as the fiduciary may determine, any part or all …

(1) The executors, or such of them as undertake the execution of the will, or, if all or more than one (1) undertake the execution of the will and part die or vacate the office, the residue or survivor, may sell and convey the land which the will directs or devises to the executo…

In actions for the settlement of decedents' estates, the court may direct the sale of choses in action, including judgments, and may authorize the personal representative to compromise claims growing out of contract or tort due the estate, as well as claims on contract or tort ag…

when assets believed to be withheld or concealed -- Settlement -- Penalty. (1) (a) It shall be the duty of a personal representative of a decedent to file an inventory no later than ninety (90) days from the time of qualifying as personal representative. (b) The inventory shall b…

inventory or account -- Show cause hearing -- Extensions. (1) It shall be the duty of the clerk of the court to report to the judge once each month the names and addresses of all fiduciaries who failed to submit an inventory or settlement due according to law during the previous …

When administration is taken in this state on the estate of a nonresident decedent, the residue of his personal estate, after payment of his debts to citizens of this state, may either be distributed and disposed of according to the law of the decedent's domicile, and if he has a…

Two (2) months must run after the date of the qualification of the first personal representative of a decedent's estate before an action shall be commenced against any executor or administrator thereof, except against an executor de son tort. Any action brought in violation of th…

An application to revive an action in the name of the representative or successor of a plaintiff, or against the representative or successor of a defendant, shall be made within one (1) year after the death of a deceased party.

When any personal representative commences an action or is sued, and then dies, is removed or is superseded by another before the termination of the action, his successor may, by order of court, be substituted for the original plaintiff or defendant.

No failure to plead or make defense and no plea or answer made by a personal representative shall render him liable for more than the amount of assets that come to his hands to be administered, but the judgment of the court shall render him liable only for the amount of assets in…

An administrator de bonis non or any other successor appointed in the place of a personal representative who has resigned, has been removed, whose letters have been revoked, has ceased to act, or has died, may maintain an action against the former personal representative and the …

A personal representative, after the expiration of two (2) years from the time he qualifies, shall be charged with interest on the surplus assets in his hands from that period, and before the expiration of two (2) years shall be charged with all interest realized on assets.

(1) If any fiduciary resigns or is removed, he shall upon the appointment of his successor settle his accounts. (2) If any fiduciary becomes mentally disabled or dies, the personal representative of his estate shall upon the appointment of a successor fiduciary for the mentally d…

Where an order of administration is set aside or letters of administration revoked, or where any executor or administrator is removed, or the will under which he acted is declared invalid, all previous sales of personal estate made lawfully by the executor or administrator and wi…

Estates held by a deceased person for life of another shall go to the personal representative of the deceased as assets in his hands, and, shall be applied and distributed as the personal estate.

(1) All the emblements of the lands of a person dying after March 1 which are severed before the following December 31 shall be assets in the hands of his personal representative. (2) All the emblements growing on the lands of the deceased on December 31 or at his death, if that …

When a person who has a freehold or an uncertain interest in land rents out the land and dies before the rent becomes due, the rent of the land shall be apportioned between the personal representatives of the deceased and the person who succeeds to the land as heir, personal repr…

The personal representative or heirs may cause to be erected over the grave of the deceased an appropriate memorial tablet, the cost of which shall be allowed as funeral expenses on the settlement of the estate.

(1) The District Court of each county shall appoint a discreet, qualified person to act as administrator of decedents' estates of which there is no personal representative, and as guardian of orphans who have no guardian. (2) The public administrator or guardian appointed under t…

Discretion of District Court in absence of public administrator and guardian. (1) (a) The District Court of a county which has a public administrator and guardian shall, after the expiration of sixty (60) days from the death of the decedent, order the public administrator and gua…

(1) The public administrator and guardian or person appointed under KRS 395.390 shall, by order of the court, be the administrator or administrator de bonis non, or if there is a will, administrator with the will annexed, and shall have all the rights and powers, be subjected to …

(1) During the contest about the probate of a will, or when the court for any valid cause is delayed in granting letters testamentary or of administration, it may appoint a curator to collect and preserve the estate of the decedent until probate of the will is granted, or until t…