§ 395.001 Definition of “fiduciary.”
§ 395.005 Who may be appointed as fiduciary
§ 395.010 Administration must be within ten years after death
§ 395.012 Right to file demand for notice of action regarding estate
§ 395.015 Applications for appointment of personal representative
§ 395.016 Notice of hearing of application
§ 395.020 Executor not to act until will probated — Exception
§ 395.030 Jurisdiction of administration of intestate’s estate
§ 395.040 Administrator — Persons entitled to be appointed — Discovery of will
§ 395.050 Administrator with will annexed — Appointment — Functions
§ 395.060 Continuation of administration when powers of representatives cease
§ 395.070 Executor of executor cannot administer estate of first testator
§ 395.080 When minor may be executor
§ 395.100 Appointment of debtor does not extinguish debt
§ 395.105 Fiduciary must have letters of appointment — General duties — When appointment effective
§ 395.110 Copy of order effectual as probate or letters
§ 395.120 Oaths of representatives
§ 395.130 Bond, when required — Cost of corporate surety paid from estate
§ 395.140 Bond — Persons not to be surety on — Recording of
§ 395.145 Attorney for fiduciary
§ 395.150 Compensation of representatives
§ 395.155 Computation of personal representative’s commission
§ 395.160 Removal of representatives
§ 395.170 Nonresident representatives — Bond — Actions by
§ 395.190 Time for distribution of estate
§ 395.195 Transactions authorized for personal representative — Exceptions
§ 395.196 Powers in KRS 395.195 not exclusive
§ 395.197 Applicability of powers in KRS 395.195 and 395.196
§ 395.200 Sale of personal property by fiduciary
§ 395.220 Sale of land when authorized by will
§ 395.240 Sale of choses in action — Compromise of claims
§ 395.250 Inventory — When to be returned — Copies are evidence
§ 395.255 Notice to compel filing of inventory or account — Removal for delinquency — Disallowance of compensation
§ 395.260 Personal estate of nonresident — Administration of
§ 395.270 When action against representative may be commenced
§ 395.278 When party may revive action and limitation
§ 395.280 Successor of representative may be substituted in actions
§ 395.290 Extent of liability of representative
§ 395.300 Successor may sue former representative
§ 395.310 Interest charged representative on assets
§ 395.325 Fiduciary resignation or disability — Settlement of accounts
§ 395.330 Acts prior to revocation of powers valid
§ 395.340 Estate for life of another considered personal estate
§ 395.350 Emblements — When personalty and when real estate
§ 395.360 Apportionment of rents
§ 395.370 Tombstone allowed as funeral expense
§ 395.380 Public administrator and guardian
§ 395.390 Public administrator and guardian to act, when
§ 395.400 Functions of public administrator and sheriff
§ 395.410 Curator — Grounds for appointment — Bond
§ 395.420 Functions of curator
§ 395.430 Application for curator for absent person — Notice
§ 395.440 Appeal from order appointing curator
§ 395.450 Jurisdiction to dispense with administration
§ 395.455 Transfer of assets without administration
§ 395.470 Dispensing with administration by agreement
§ 395.480 Consent of persons under disability
§ 395.490 Procedure when administration already granted
§ 395.500 Order may be set aside
§ 395.510 Persons who may bring actions for settlement of estates — Parties
§ 395.515 Contents of petition, adjudication of rights of interested persons — Realty sold, when
§ 395.520 Claims to be proved before commissioner — Notice to creditors
§ 395.530 Effect of creditor presenting claim
§ 395.535 Effect of creditor failing to present claim — Liability of distributees
§ 395.550 Creditors actions may be enjoined while action for settlement pending
§ 395.600 District Court settlements
§ 395.605 When informal settlement may be accepted from fiduciary
§ 395.610 Periodic accounting by fiduciaries
§ 395.615 Evidence — How produced — Allowances to be supported by facts
§ 395.617 Proposed settlement
§ 395.620 Report and filing of settlement
§ 395.625 Notice requirements for filing of settlement — Exception
§ 395.630 Exceptions — Confirmation — Recording — Effect as evidence
§ 395.635 Certification of list of fiduciaries delinquent in accounting — Notice — Fees
§ 395.640 Sureties of fiduciaries, inquiry into solvency of additional surety
§ 395.645 Clerk to record settlements and reports
§ 395.650 Circuit clerk to file certificate of settlement
§ 395.655 Settlement of accounts of fiduciaries — Jurisdiction
§ 395.657 Trial commissioner may make settlement
§ 395.990 Penalties
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Terms Used In Kentucky Statutes > Chapter 395 - Personal Representatives

  • 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.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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
  • Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Fiduciary: A trustee, executor, or administrator.
  • fiduciary: as used in this chapter :
    (1) Means any person, association, or corporation meeting the requirements of KRS
    395. See Kentucky Statutes 395.001
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • 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.
  • Intestate: Dying without leaving a will.
  • 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.
  • last will: means last will and testament. See Kentucky Statutes 446.010
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Month: means calendar month. See Kentucky Statutes 446.010
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Personal estate: includes chattels, real and other estate that passes to the personal representative upon the owner dying intestate. See Kentucky Statutes 446.010
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Statute: A law passed by a legislature.
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Year: means calendar year. See Kentucky Statutes 446.010