Kentucky Statutes 389A.010 – Jurisdiction of District Court — Notice — Adversary proceedings to be in Circuit Court
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(1) Notwithstanding any other statutory limitation of the jurisdiction of the District
Court:
(a) Any trustee, guardian, conservator, or personal representative (hereinafter “fiduciary”), not otherwise possessing a power of sale, may move the District Court of the county in which the fiduciary has qualified for an order granting the fiduciary the power to sell or mortgage any real estate or any interest in the real estate possessed by his or her ward, decedent, or trust; and
(b) The District Court may enter an order granting the fiduciary the power to sell or mortgage any real estate or any interest in the real estate possessed by the ward, decedent, or trust.
(2) The motion shall include an adequate description of the property, a summary of the grounds for the motion, and a request that the bond of the fiduciary be increased in an adequate amount in accordance with KRS § 395.130.
(3) (a) Unless waived in writing, written notice of the hearing with a copy of the motion shall be served in a manner authorized by the Rules of Civil Procedure for the initiation of a civil action upon all persons who have a vested or contingent interest in the property interest sought to be sold.
(b) Where the property interest sought to be sold belongs to a person under legal disability, service of notice and defense shall be governed by Civil Rules
4.04(3) and 17.03.
(c) In the case where the subject of the action is the property interest of a person under legal disability, unless waived in writing, written notice shall be given by certified mail, return receipt requested, to all known adult next of kin and shall include:
1. The nature and pendency of the action; and
2. The time, date, and location of the hearing.
The notice required under this paragraph shall be given no later than thirty
(30) days prior to the date of the hearing on the motion.
(d) At or before the hearing, the fiduciary or his or her attorney shall file an affidavit on personal knowledge showing compliance with paragraphs (a) to (c) of this subsection with the following attachments:
1. A copy of the notice given; and
2. The original of all receipts returned.
(e) All persons under this subsection shall have standing to present evidence and to be heard at the hearing.
(4) Any party aggrieved by any order affecting the right of the fiduciary to sell or mortgage any property or property interest under this section may, no later than thirty (30) days from the date of the order, institute an adversary proceeding in Circuit Court pursuant to KRS § 24A.120(2). Pending the entry of a final order and expiration of the time for an appeal therefrom, neither the fiduciary nor the owner of any vested interest shall make any conveyance or mortgage of the real estate and
any attempt to do so shall be voidable by the court until:
(a) The time for an appeal of any final order entered following the hearing under subsection (3) of this section has expired pursuant to the Rules of Civil Procedure; or
(b) Any adversary proceeding instituted under this subsection has been finally adjudicated and the time for an appeal from the final adjudication order has expired pursuant to the Rules of Civil Procedure.
The provisions of this subsection shall be retroactive and shall apply to conveyances made prior to June 29, 2023.
(5) No proceedings under this section shall be conducted by or before a commissioner of the District Court.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 177, sec. 3, effective June 29, 2023. — Amended
1998 Ky. Acts ch. 517, sec. 9, effective September 1, 1998. — Amended 1988 Ky. Acts ch. 90, sec. 1, effective July 15, 1988. — Amended 1984 Ky. Acts ch. 111, sec.
157, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 141, sec. 145, effective July 1, 1982; and ch. 277, sec. 4, effective July 15, 1982. — Created 1980 Ky. Acts ch. 87, sec. 2, effective July 15, 1980.
Legislative Research Commission Note (6/24/2003). Under the authority of KRS
7.136, the Reviser of Statutes has changed a reference in subsection (4) of this section from “KRS § 24A.120(1)(b)” to “KRS § 24A.120(2).”
Court:
Terms Used In Kentucky Statutes 389A.010
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- Trustee: A person or institution holding and administering property in trust.
(a) Any trustee, guardian, conservator, or personal representative (hereinafter “fiduciary”), not otherwise possessing a power of sale, may move the District Court of the county in which the fiduciary has qualified for an order granting the fiduciary the power to sell or mortgage any real estate or any interest in the real estate possessed by his or her ward, decedent, or trust; and
(b) The District Court may enter an order granting the fiduciary the power to sell or mortgage any real estate or any interest in the real estate possessed by the ward, decedent, or trust.
(2) The motion shall include an adequate description of the property, a summary of the grounds for the motion, and a request that the bond of the fiduciary be increased in an adequate amount in accordance with KRS § 395.130.
(3) (a) Unless waived in writing, written notice of the hearing with a copy of the motion shall be served in a manner authorized by the Rules of Civil Procedure for the initiation of a civil action upon all persons who have a vested or contingent interest in the property interest sought to be sold.
(b) Where the property interest sought to be sold belongs to a person under legal disability, service of notice and defense shall be governed by Civil Rules
4.04(3) and 17.03.
(c) In the case where the subject of the action is the property interest of a person under legal disability, unless waived in writing, written notice shall be given by certified mail, return receipt requested, to all known adult next of kin and shall include:
1. The nature and pendency of the action; and
2. The time, date, and location of the hearing.
The notice required under this paragraph shall be given no later than thirty
(30) days prior to the date of the hearing on the motion.
(d) At or before the hearing, the fiduciary or his or her attorney shall file an affidavit on personal knowledge showing compliance with paragraphs (a) to (c) of this subsection with the following attachments:
1. A copy of the notice given; and
2. The original of all receipts returned.
(e) All persons under this subsection shall have standing to present evidence and to be heard at the hearing.
(4) Any party aggrieved by any order affecting the right of the fiduciary to sell or mortgage any property or property interest under this section may, no later than thirty (30) days from the date of the order, institute an adversary proceeding in Circuit Court pursuant to KRS § 24A.120(2). Pending the entry of a final order and expiration of the time for an appeal therefrom, neither the fiduciary nor the owner of any vested interest shall make any conveyance or mortgage of the real estate and
any attempt to do so shall be voidable by the court until:
(a) The time for an appeal of any final order entered following the hearing under subsection (3) of this section has expired pursuant to the Rules of Civil Procedure; or
(b) Any adversary proceeding instituted under this subsection has been finally adjudicated and the time for an appeal from the final adjudication order has expired pursuant to the Rules of Civil Procedure.
The provisions of this subsection shall be retroactive and shall apply to conveyances made prior to June 29, 2023.
(5) No proceedings under this section shall be conducted by or before a commissioner of the District Court.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 177, sec. 3, effective June 29, 2023. — Amended
1998 Ky. Acts ch. 517, sec. 9, effective September 1, 1998. — Amended 1988 Ky. Acts ch. 90, sec. 1, effective July 15, 1988. — Amended 1984 Ky. Acts ch. 111, sec.
157, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 141, sec. 145, effective July 1, 1982; and ch. 277, sec. 4, effective July 15, 1982. — Created 1980 Ky. Acts ch. 87, sec. 2, effective July 15, 1980.
Legislative Research Commission Note (6/24/2003). Under the authority of KRS
7.136, the Reviser of Statutes has changed a reference in subsection (4) of this section from “KRS § 24A.120(1)(b)” to “KRS § 24A.120(2).”