Kentucky Statutes 24A.120 – Civil and probate jurisdiction
Current as of: 2024 | Check for updates
|
Other versions
District Court shall have exclusive jurisdiction in:
(1) Civil cases in which the amount in controversy does not exceed five thousand dollars ($5,000), exclusive of interest and costs, except matters affecting title to real estate and matters of equity; however, nothing herein shall prohibit execution levy on real estate in enforcement of judgment of District Court;
(2) Matters involving probate, except matters contested in an adversary proceeding.
Such adversary proceeding shall be filed in Circuit Court in accordance with the
Kentucky Rules of Civil Procedure and shall not be considered an appeal;
(3) Matters not provided for by statute to be commenced in Circuit Court shall be deemed to be nonadversarial within the meaning of subsection (2) of this section and therefore are within the jurisdiction of the District Court; and
(4) Matters involving trusts in accordance with KRS § 386B.2-030.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 25, sec. 96, effective July 15, 2014. — Amended
2011 Ky. Acts ch. 91, sec. 1, effective June 8, 2011. — Amended 2003 Ky. Acts ch.
66, sec. 15, effective June 24, 2003. — Amended 2002 Ky. Acts ch. 320, sec. 1, effective July 15, 2002. — Amended 1998 Ky. Acts ch. 517, sec. 6, effective September 1, 1998. — Amended 1988 Ky. Acts ch. 137, sec. 2, effective July 15,
1988. — Amended 1982 Ky. Acts ch. 188, sec. 1, effective July 15, 1982. — Amended
1980 Ky. Acts ch. 54, sec. 1, effective July 15, 1980; and ch. 259, sec. 1, effective
July 15, 1980. — Amended 1978 Ky. Acts ch. 384, sec. 122, effective June 17, 1978.
— Created 1976 (1st Extra. Sess.) Ky. Acts ch. 28, sec. 11.
Legislative Research Commission Note (6/8/2011). 2011 Ky. Acts ch. 91, sec. 4, provides that “any case which has been filed in a Circuit Court or District Court prior to the effective date of this Act (June 8, 2011) and the change in jurisdictional amounts (made by 2011 Ky. Acts ch. 91) shall remain in the court in which the case was originally filed, until the disposition of the case.”
Legislative Research Commission Note (6/24/2003). Under the authority of KRS
7.136, the Reviser of Statutes has renumbered the paragraphs and subsections of this section. To conform with this renumbering, a reference in subsection (3) to “paragraph (b) of this subsection” has been changed to read “subsection (2) of this section.”
(1) Civil cases in which the amount in controversy does not exceed five thousand dollars ($5,000), exclusive of interest and costs, except matters affecting title to real estate and matters of equity; however, nothing herein shall prohibit execution levy on real estate in enforcement of judgment of District Court;
Terms Used In Kentucky Statutes 24A.120
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(2) Matters involving probate, except matters contested in an adversary proceeding.
Such adversary proceeding shall be filed in Circuit Court in accordance with the
Kentucky Rules of Civil Procedure and shall not be considered an appeal;
(3) Matters not provided for by statute to be commenced in Circuit Court shall be deemed to be nonadversarial within the meaning of subsection (2) of this section and therefore are within the jurisdiction of the District Court; and
(4) Matters involving trusts in accordance with KRS § 386B.2-030.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 25, sec. 96, effective July 15, 2014. — Amended
2011 Ky. Acts ch. 91, sec. 1, effective June 8, 2011. — Amended 2003 Ky. Acts ch.
66, sec. 15, effective June 24, 2003. — Amended 2002 Ky. Acts ch. 320, sec. 1, effective July 15, 2002. — Amended 1998 Ky. Acts ch. 517, sec. 6, effective September 1, 1998. — Amended 1988 Ky. Acts ch. 137, sec. 2, effective July 15,
1988. — Amended 1982 Ky. Acts ch. 188, sec. 1, effective July 15, 1982. — Amended
1980 Ky. Acts ch. 54, sec. 1, effective July 15, 1980; and ch. 259, sec. 1, effective
July 15, 1980. — Amended 1978 Ky. Acts ch. 384, sec. 122, effective June 17, 1978.
— Created 1976 (1st Extra. Sess.) Ky. Acts ch. 28, sec. 11.
Legislative Research Commission Note (6/8/2011). 2011 Ky. Acts ch. 91, sec. 4, provides that “any case which has been filed in a Circuit Court or District Court prior to the effective date of this Act (June 8, 2011) and the change in jurisdictional amounts (made by 2011 Ky. Acts ch. 91) shall remain in the court in which the case was originally filed, until the disposition of the case.”
Legislative Research Commission Note (6/24/2003). Under the authority of KRS
7.136, the Reviser of Statutes has renumbered the paragraphs and subsections of this section. To conform with this renumbering, a reference in subsection (3) to “paragraph (b) of this subsection” has been changed to read “subsection (2) of this section.”