Rule 7. Probate and guardianship
Baldwin's Kentucky Revised Statutes Annotated1st Judicial District - Ballard, Carlisle, Fulton and Hickman District Court
KY FHDC Rule 7
Rule 7. Probate and guardianship
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;
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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