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

(1) All claims against a decedent's estate which arose before the death of the decedent, excluding claims of the United States, the State of Kentucky and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract…

Claims against a decedent's estate shall be presented as follows: (1) The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written stateme…

Upon any claim being presented in the manner described in subsection (1) of KRS 396.015, the personal representative may require by written request mailed to the claimant, the affidavit of the claimant or other satisfactory evidence that such claim is justly due, that no payments…

No action shall be brought against a personal representative on a claim against decedent's estate unless the claimant shall have first presented his claim in the manner described in KRS 396.015. The foregoing limitation shall be in addition to that limitation on the commencement …

(1) No claim shall be barred by a statute of limitations which would expire during the period commencing with the decedent's death and ending six (6) months thereafter if such claim is presented within six (6) months after the decedent's death. This subsection shall not apply wit…

(1) As to claims presented in the manner described in KRS 396.015 within the time limit prescribed in KRS 396.011, the personal representative may mail a notice to any claimant stating that the claim has been allowed or disallowed. If, after allowing or disallowing a claim, the p…

If an estate is solvent the personal representative, with the consent of all successors of the decedent whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limit…

(1) Upon the expiration of six (6) months from the date of his appointment, the personal representative may proceed to pay the claims allowed against the estate in the order of priority prescribed, after making appropriate provision for exemptions and allowances provided by law, …

Unless otherwise provided in any judgment against the personal representative: (1) An allowed claim not based on a contract making a provision for interest: (a) Shall not bear interest for the period commencing with the date of the decedent's death and ending sixty (60) days afte…

(1) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment of claims in the following order: (a) Costs and expenses of administration; then (b) Funeral expenses; then (c) Debts and taxes with preference un…

Payment of a secured claim shall be upon the basis of the amount allowed if the creditor surrenders his security; otherwise payment shall be upon the basis of one (1) of the following: (1) If the creditor exhausts his security before receiving payment, unless precluded by other l…

(1) If a claim which will mature at a future time, or a contingent or unliquidated claim, matures or becomes certain before the distribution of the estate, and if the claim has been allowed, it shall be paid in the same manner as matured and absolute claims of the same class. (2)…

In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, r…

No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges or liens upon real or personal prop…

When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether matured or unmatured, absolute or contingent, liquidated or unliquidated.

If any assets of the estate are encumbered by mortgage, pledge, lien, or secured interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisf…

If a personal representative pays to a creditor an undue portion of his demand or to a distributee or devisee a part or all of his share of the estate, under a mistake as to the solvency of the estate or otherwise, he may recover from the creditor, distributee or devisee the amou…

(1) All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed. (2) If the estate either in this state or as a whole is insufficient to cover all exemption…

(1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the e…

After assets of an estate have been distributed and subject to KRS 396.205, an undischarged claim not barred may be prosecuted in a proceeding against one (1) or more distributees. No distributee shall be liable to claimants for amounts received as exempt property or allowances, …

Notwithstanding any other statute to the contrary, no cause of action on any claim not otherwise barred by the provisions of KRS 396.011 and KRS 396.055(1), or any other applicable statute of limitations, shall be brought against the personal representative or against any distrib…