Kentucky Statutes 395.510 – Persons who may bring actions for settlement of estates — Parties
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(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 months after the qualification of such representative.
(2) The representatives of the decedent, and all persons having a lien upon or an interest in the property left by the decedent, or any part thereof, and the creditors of the decedent, so far as known to the plaintiff, must be parties to the action as plaintiffs or defendants.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 394, effective January
2, 1978. — Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from
C.C. sec. 428. — C.C. sec. 428 amended 1918 Ky. Acts ch. 155, sec. 1.
(2) The representatives of the decedent, and all persons having a lien upon or an interest in the property left by the decedent, or any part thereof, and the creditors of the decedent, so far as known to the plaintiff, must be parties to the action as plaintiffs or defendants.
Terms Used In Kentucky Statutes 395.510
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Decedent: A deceased person.
- Legatee: A beneficiary of a decedent
- Lien: A claim against real or personal property in satisfaction of a debt.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 394, effective January
2, 1978. — Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from
C.C. sec. 428. — C.C. sec. 428 amended 1918 Ky. Acts ch. 155, sec. 1.