Kentucky Revised Statutes

Ky. Rev. Stat. § 355.4-405 (2026)

Death or incompetence of customer

✓ laws through the 2026 session (checked Sept. 2026)
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(1) A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.

(2) Even with knowledge, a bank may for ten (10) days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account. Effective: January 1, 1997 History: Amended 1996 Ky. Acts ch. 130, sec. 105, effective January 1, 1997. -- Created 1958 Ky. Acts ch. 77, sec. 4-405, effective July 1, 1960.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Davis v. May, No. 23-05003 (Bankr. W.D. Ky. May 13, 2024).
Davis v. May, No. 23-05003 (Bankr. W.D. Ky. May 13, 2024). · cites it 5× “The Judgment also included the following language: “KRS 355.4-405, which [Defendant] cites in her second response, is not a defense to [Plaintiff’s] claim.”
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