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

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…

As used in this chapter, unless the context requires otherwise: (1) "Co-owners with right of survivorship" means and includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one (1) or more to the whole o…

Except as provided in KRS 397.1006, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead, or family allowance depends upon an individual's survivorship of the death of another individual, an i…

instrument are affected. Except as provided in KRS 397.1006, for purposes of a donative provision of a governing instrument, an individual who is not established by clear and convincing evidence to have survived an event, including the death of another individual, by one hundred …

hundred twenty (120) hours. Except as provided in KRS 397.1006: (1) If it is not established by clear and convincing evidence that one (1) of two (2) co- owners with right of survivorship survived the other co-owner by one hundred twenty (120) hours, one-half (1/2) of the propert…

In addition to the rules of evidence in courts of general jurisdiction, for the purposes of KRS 397.1001 to 397.1007 only, the following rules relating to a determination of death and status shall apply: (1) Death shall be deemed to occur when the requirements of KRS 446.400 have…

Survival by one hundred twenty (120) hours is not required if: (1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case; (2) The governing instrument express…

Personal liability of recipient. (1) (a) A payor or other third party shall not be liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument who, under this chapter, is not entitled to the paymen…

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

This chapter may be cited as the Uniform Simultaneous Death Act (1991).