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

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…

(1) A curator appointed under subsection (1) of KRS 395.410 shall collect and safely keep the estate of the decedent, and make and return to court, within sixty (60) days, a full and complete inventory of the estate and deliver up the estate, when required, to the executor or adm…

(1) Before any curator is appointed for an absent person under subsection (2) of KRS 395.410, a written application requesting the appointment shall be filed with the District Court Clerk. The application shall be verified and shall recite the fact of absence, the last known addr…

(1) An appeal from an order appointing a curator to collect and preserve the estate of an absent person may be taken as in the case of an administrator. (2) An appeal from any order appointing a curator under KRS 395.410 shall not suspend the powers of the curator.

The District Court that has jurisdiction to grant administration of the estate of a person dying intestate shall have jurisdiction of proceedings to dispense with administration.

(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)…

(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…