Rule 5 Probate practice
Baldwin's Kentucky Revised Statutes Annotated22nd Judicial District - Fayette District Court
KY RFDC Rule 5
Rule 5 Probate practice
A. Probate Docket. The Probate session of the Fayette District Court shall convene at 8:30 a.m. in District Courtroom No. 5, Monday through Friday, except holidays. Uncontested petitions for probate of a will and/or appointment of a fiduciary may, at the discretion of the Judge of the division to whom the matter is assigned, be scheduled for hearing at such other time and place as may be convenient to the Judge and interested parties, provided all interested parties waive in writing recording of the hearing. For any probate matter which is contested or which will require a hearing lasting more than approximately ten (10) minutes, the parties shall file a motion for a hearing date in advance and notice it for the Judge's next available Probate Docket to get a date and time for a hearing on the matter.
(2) The petitioner shall list all the real and personal property subject to the fiduciary's administration, including all real property in which a decedent had an interest irrespective of the fiduciary's power to sell such real property, and shall state the total amount of the market value of the real and personal property so that the Court may fix bond in the proper amount.
C. Form of Pleadings. All pleadings and other papers presented to the Court shall be typewritten, although handwritten additions and corrections will be accepted. The use of currently approved Administrative Office of the Courts forms, to the extent available, is encouraged. Each pleading shall contain the attorney's full name, address, including zip code, and telephone number. Where appropriate, an order should be presented with a motion or a petition, and shall contain a certificate signed by the preparing attorney, including the attorney's full name, address, and telephone number.
(2) Surety will be excused (in the absence of a compelling reason) (a) if a testamentary instrument requests that surety or bond not be required, or (b) all parties in interest execute a waiver of surety and the Court is satisfied that all interests are adequately protected. The waivers of surety shall be notarized, or witnessed by a disinterested party.
(4) As a general policy, surety on other bonds will be required in the amount of the bond, particularly where the interests of infants or persons under disability are involved, unless the facts clearly indicate that no surety bond or a surety bond in a lesser amount will adequately protect all interests.
(5) If for good cause shown a fiduciary is unable to be personally present to give the oath of office, the fiduciary shall submit to the Court a subscribed and notarized oath of office. The fiduciary may submit a signed and notarized bond, or may, by special power of attorney, grant another person the power to sign the bond of the fiduciary. The power of attorney from the fiduciary to the attorney-in-fact shall be a separate instrument and shall be notarized.
(6) A motion to increase bond shall be made whenever it is learned that the previous bond is inadequate. Bond shall be increased upon the Court granting the fiduciary power to sell real estate under KRS 389A.010. A motion to reduce bond of a fiduciary may be made any time after the inventory or periodic settlement has been filed showing a reduction in the assets remaining in the hands of the fiduciary.
(b) The surety presents to the Court an original title opinion in favor of the Commonwealth of Kentucky in a form acceptable to the Court, which opinion shall include the property's description, the identity of the owners of the property, a description of all liens, encumbrances, and conditions affecting title to the property, including the amounts thereof, and a statement that such liens and encumbrances are not subject to future advances.
(d) A photocopy of the Kentucky Inheritance Tax Acceptance form or audit report shall be filed with the final settlement of a decedent's estate. In addition, the settlement shall include a photocopy of the Federal Estate Tax closing letter, or a statement that the size of the Estate did not require the filing of a Federal Estate Tax Return.
(e) The original vouchers, receipts or canceled checks for all disbursements reflected in the settlement, in the order as shown on the settlement. Subject to any timely exceptions made, the transaction statements of bank or trust company fiduciaries, or of brokerage firm accounts designated exclusively for the settlement of estates, for the period of the settlement detailing all disbursements shall be accepted in lieu of original vouchers or canceled checks.
(2) Informal final settlements may be accepted from a fiduciary under the conditions of KRS 395.605. If the Court has previously ordered the fiduciary to submit a formal settlement, the informal settlement shall be accompanied by a motion and appropriate order for the Court's signature permitting the filing of an informal final settlement.
(5) Proposed settlements may be tendered in conformity with KRS 395.617 upon the payment of the appropriate fee for advertisement of notice of the proposed settlement and the hearing date. Advertisement shall be in addition to notice required to be sent by the fiduciary to the beneficiaries of the estate.
Credits
HISTORY: Amended effective January 7, 2005; approved January 7, 1999.
Fayette District Court Rule 5, KY R FAYETTE DIST CT Rule 5
Current with amendments received through September 15, 2024. Some rules may be more current, see credits for details.
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