Title XXXIV, Descent, Wills, and Administration of Decedents' Estates
9 chapters · 370 sections in this title.
KRS § 395A.020 Definitions for chapter
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As used in this chapter: (1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user; (2) "Agent" means an attorney-in-fact gran…
KRS § 395.020 Executor not to act until will probated, surety bond executed, and oath taken or declaration made -- Exception
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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 …
KRS § 395A.030 Applicability
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(1) This chapter applies to: (a) A fiduciary acting under a will or power of attorney executed before, on, or after July 15, 2020; (b) A personal representative acting for a decedent who died before, on, or after July 15, 2020; (c) A conservatorship proceeding commenced before, o…
KRS § 395.030 Jurisdiction of administration of intestate's estate
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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.
KRS § 395.040 Administrator -- Persons entitled to be appointed -- Discovery of will
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(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,…
KRS § 395A.040 User direction for disclosure of digital assets
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(1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at a…
KRS § 395.050 Administrator with will annexed -- Appointment -- Functions
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(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…
KRS § 395A.050 Terms-of-service agreement
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(1) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (2) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the …
KRS § 395A.060 Procedure for disclosing digital assets
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(1) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (a) Grant a fiduciary or designated recipient full access to the user's account; (b) Grant a fiduciary or designated recipient partial access to the user's account sufficien…
KRS § 395.060 Continuation of administration when powers of representatives cease
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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 …
KRS § 395.070 Executor of executor cannot administer estate of first testator
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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…
KRS § 395A.070 Disclosure of content of electronic communications of deceased user
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If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if th…
KRS § 395A.080 Disclosure of other digital assets of deceased user
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Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than …
KRS § 395.080 When minor may be executor
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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…
KRS § 395A.090 Disclosure of content of electronic communications of principal
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To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent give…
KRS § 395.100 Appointment of debtor does not extinguish debt
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The appointment of a debtor executor does not extinguish the debt unless the will so directs.
KRS § 395A.100 Disclosure of other digital assets of principal
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Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications s…
KRS § 395.105 Fiduciary must have letters of appointment -- General duties -- When appointment effective
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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…
KRS § 395.110 Copy of order effectual as probate or letters
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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…
KRS § 395A.110 Disclosure of digital assets held in trust when trustee is original user
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Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electr…
KRS § 395A.120 Disclosure of contents of electronic communications held in trust when trustee is not original user
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trustee is not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or succ…
KRS § 395.120 Oaths of representatives
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(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 …
KRS § 395A.130 Disclosure of other digital assets held in trust when trustee is not original user
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user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, c…
KRS § 395.130 Bond, when required -- Cost of corporate surety paid from estate
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(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…
KRS § 395A.140 Disclosure of digital assets to conservator of protected person
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(1) After an opportunity for a hearing under KRS Chapter 387, the court may grant a conservator access to the digital assets of a protected person. (2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of elec…
KRS § 395.140 Delivery of surety bond to court -- Persons not to be surety on -- Recording
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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…
KRS § 395.145 Attorney for fiduciary
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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.
KRS § 395A.150 Fiduciary duty and authority
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(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (a) The duty of care; (b) The duty of loyalty; and (c) The duty of confidentiality. (2) A fiduciary's or designated recipient's authority with…
KRS § 395.150 Compensation of representatives
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(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…
KRS § 395.155 Computation of personal representative's commission
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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…
KRS § 395.160 Removal of representatives
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(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 …
KRS § 395A.160 Custodian compliance and authority
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(1) Not later than sixty (60) days after receipt of the information required under KRS 395A.070 to 395A.150, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fa…
KRS § 395A.170 Uniformity of application and construction
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In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
KRS § 395.170 Nonresident representatives -- Bond -- Actions by
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(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…
KRS § 395A.180 Relation to Electronic Signatures in Global and National Commerce Act
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This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. secs. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, codified as 15 U.S.C. sec. 7001(c), or authorize electronic delivery of a…
KRS § 395.190 Time for distribution of estate
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A personal representative may distribute the estate of a decedent six (6) months after qualification.
KRS § 395.195 Transactions authorized for personal representative -- Exceptions
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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…
KRS § 395.196 Powers in KRS 395.195 not exclusive
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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.
KRS § 395.197 Applicability of powers in KRS 395.195 and 395.196
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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.
KRS § 395.200 Sale of personal property by fiduciary
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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 …
KRS § 395.220 Sale of land when authorized by will
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(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…
KRS § 395.240 Sale of choses in action -- Compromise of claims
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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…
KRS § 395.250 Inventory required -- Confidentiality -- Copies are evidence -- Petition when assets believed to be withheld or concealed -- Settlement -- Penalty
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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…
KRS § 395.255 List of fiduciaries who fail to submit inventory -- Notice to compel filing of inventory or account -- Show cause hearing -- Extensions
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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 …
KRS § 395.260 Personal estate of nonresident -- Administration of
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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…
KRS § 395.270 When action against representative may be commenced
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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…
KRS § 395.278 When party may revive action and limitation
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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.
KRS § 395.280 Successor of representative may be substituted in actions
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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.
KRS § 395.290 Extent of liability of representative
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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…
KRS § 395.300 Successor may sue former representative
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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 …