Ky. Rev. Stat. § 394.420

Contribution, when devised estate used for payment of testator's debt

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(1) When any devised estate, real or personal, is taken from the devisee for the payment of a debt of the testator, or one (1) of the devisees pays such debt to save his devise, each of the other devisees shall contribute his proportion of the debt, interest, and costs to the person paying the same, according to the value received by him. (2) If the testator has, by will, made other provision for the payment of his debts, subsection (1) shall not apply except to the extent that such provision and the testator's undevised estate is deficient. The remedy of such devisee in the first instance shall be against the person holding the provision, and against the undevised estate. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2073, 2074.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1972–2021 · leading case: Jones v. Edmunds

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Jones v. Edmunds (1972) kyctapp · cites it 2× “By statute, Kentucky has imposed liability upon the real property of a decedent for the payment of his debts but this liability exists only where the personal property of the estate is insufficient for such payment.”

Judy Pruitt v. Tommy Kerr Esham (2021) kyctapp · cites it 3× “350, and payment of debts under KRS 394.420 were properly before the court.”

— Ky. Rev. Stat. § 394.420(2) — 1 case

Judy Pruitt v. Tommy Kerr Esham (2021) kyctapp “350, and payment of debts under KRS 394.420 were properly before the court.”

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