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Rule 7. Probate and guardianship

Baldwin's Kentucky Revised Statutes Annotated1st Judicial District - Ballard, Carlisle, Fulton and Hickman District Court

Baldwin's Kentucky Revised Statutes Annotated
1st Judicial District - Ballard, Carlisle, Fulton and Hickman District Court
KY FHDC Rule 7
Rule 7. Probate and guardianship
701. Probate Processes. Under the circumstances enumerated below, a person filing a petition for probate may be excused from personal attendance at the hearing on the petition:
1. Petition to dispense with administration. Attendance will not be required on the hearing of such petition, provided--
a. The petition lists all assets and their fair value;
b. The petition is properly signed by all heirs or beneficiaries waiving preference, or accompanied by separate signed waivers therefor;
c. The estate value, less any priority claims and expenses, is below the spouse/children exemption set aside; and
d. The petition is filed not less than one business day prior to the date for probate in the Division of residence with the appropriate filing and recording fees.
2. Petition for appointment of an administrator/executor. Attendance will not be required on the hearing of such petition, provided--
a. The properly executed papers are filed, including, petition, fiduciary bond, waivers of surety and appointment (in the case of an intestate estate), the original Last Will (in the case of a testate estate), a written oath that no, or no other, testamentary papers were found after diligent search and the fiduciary nominee will perform the duties in accordance with the law and Court orders;
b. That a copy of the probate filing has been served on each heir (in the case of an intestate estate) or each beneficiary (in the case of a testate estate) of the decedent's estate; and
c. The estate papers are filed not less than one business day prior to the date for probate in the Division of residence with the appropriate filing and recording fees.
702. Transfer of Real Estate. No transactions for the sale or transfer of real estate in which a deceased or disabled person held an interest at the time of death or disability may be effected by a personal representative or guardian/conservator unless--
1. In the case of a decedent's estate, prior to six months after appointment of the estate's personal representative, and after entry of an order granting power to sell/transfer pursuant to KRS 389A.010 et seq.
2. In the case of the heirs to an intestate estate valued below the spouse or child exemption amount, prior to an order dispensing with administration and the recording of an affidavit of descent.
3. In the case of a guardianship or conservatorship, prior to an order granting power to sell/transfer pursuant to KRS 389A.010 et seq.
703. Estate Executors and Administrators. In the proper administration of an estate, the executor or administrator is required to file certain papers within a specified statutory deadline. When an inventory, or a final settlement are not filed within the statutory deadline (60 days after appointment for an inventory, two years after an appointment for a settlement), the Court will first issue a notice to the executor/administrator to file the dilatory filing and set a review date a reasonable time thereafter for compliance. If the executor/administrator fails to file the required filing by the review date, the Court will issue a show cause order requiring the fiduciary to appear to explain the omission and noncompliance with the Court's notice and set a date for such appearance. If the fiduciary complies with the filing requirement before the show cause appearance date, the fiduciary will be excused from attendance. However, if the fiduciary neither files the required paper, nor appears at the show cause hearing, the Court shall have a range of sanctions, which include: (a) an order of contempt, with a financial sanction; (b) an order of contempt with a non-financial penalty (including incarceration); or (c) removal of the fiduciary for cause.
704. Guardians and Conservators. Persons appointed as guardians and/or conservators for minor children or for disabled adults have deadlines in which to file certain statutorily-required papers including an initial inventory (sometimes called a 60-day periodic settlement), periodic settlement reports, annual reports and final settlements (which are required at the end of the guardianship or conservatorship, or at the resignation or termination of a guardian or conservator). If the guardian and/or conservator fails to file the reporting required by Kentucky law, the Court will follow the procedure against guardians and conservators applicable to estate fiduciaries described in Rule 703 above.

Credits

HISTORY: Adopted effective January 1, 2023.
Fulton and Hickman District Court Rule 7, KY R FULTON HICKMAN DIST CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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