Ky. Rev. Stat. » Chapter 395
Kentucky Revised Statutes

Ky. Rev. Stat. § 395.001 (2026)

Definition of "fiduciary."

✓ current as of May 2026
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The term "fiduciary" as used in this chapter:

(1) Means any person, association, or corporation meeting the requirements of KRS 395.005 (other than assignee or trustee for an insolvent debtor or a guardian under the Uniform Veterans' Guardianship Act) appointed by, or under the control of, or accountable to, the District Court, including executors, administrators, administrators with the will annexed, curators, guardians and conservators; and

(2) Does not include testamentary trustees. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 25, sec. 111, effective July 15, 2014. -- Amended 1982 Ky. Acts ch. 141, sec. 105, effective July 1, 1982; and ch. 277. sec. 8, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 381, effective January 2, 1978. -- Amended 1972 Ky. Acts ch. 203, sec. 53. -- Amended 1944 Ky. Acts ch. 115, sec. 4. -- Created 1942 Ky. Acts ch. 167, sec. 1.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1960–2025 · leading case: Linda Holt v. John Griffin, 865 F.3d 417 (6th Cir. 2017).
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Linda Holt v. John Griffin, 865 F.3d 417 (6th Cir. 2017). · cites it 2× “KRS 395.001. More accurately, an executrix is a trustee, and funds of the estate in her hands are trust funds.”
Lucas v. Mannering, 745 S.W.2d 654 (Ky. Ct. App. 1987). · cites it 2× “Lucas further expressed to the trial court her willingness to convey the realty to the sons if measures were taken to preserve the leaseholds.”
Batts v. Illinois Cent. R.R., 217 S.W.3d 881 (Ky. Ct. App. 2007). “"Fiduciary,” as used in KRS Chapter 395 entitled “Personal Representatives,” is defined in KRS 395.001 to include inter alia executors and administrators.”
Gregory v. City of Lewisport, 369 S.W.2d 133 (Ky. Ct. App. 1963). “005 only a bank or trust company incorporated under the laws of this state may be a “fiduciary,” but this statute applies only to “fiduciaries” as defined in KRS 395.001, which are confined to those appointed by or under the control of or accountable to the county court.”
Rohleder v. French, 675 S.W.2d 8 (Ky. Ct. App. 1984). “See KRS 395.001. Moreover, no evidence was adduced that a trust instrument existed which provided for a disposition of the property upon French’s death.”
Riedinger v. Murphy, 337 S.W.2d 22 (Ky. Ct. App. 1960). “KRS 395.001 defines the term “fiduciary” as including a testamentary trustee, and KRS 395.”
Justin Smith, Individually v. Morgan & Morgan Kentucky, Pllc (Ky. Ct. App. 2025). · cites it 2× “” 9 The administrator of an estate is statutorily classified as a fiduciary under KRS 395.001(1). A few weeks later, Justin filed the underlying circuit court action.”
Justin Smith, Individually v. Morgan & Morgan Kentucky, Pllc (Ky. Ct. App. 2025). · cites it 2× “” 9 The administrator of an estate is statutorily classified as a fiduciary under KRS 395.001(1). A few weeks later, Justin filed the underlying circuit court action.”
Whelan v. Payne, 343 S.W.2d 383 (Ky. Ct. App. 1960). “KRS 395.001 and 395.105. Before reaching the question of adverse possession, the chancellor assumed that the appellant had some vestige of right under the will although the judgment does not say so.”
— Ky. Rev. Stat. § 395.001(1) — 2 cases
Justin Smith, Individually v. Morgan & Morgan Kentucky, Pllc (Ky. Ct. App. 2025). “” 9 The administrator of an estate is statutorily classified as a fiduciary under KRS 395.001(1). A few weeks later, Justin filed the underlying circuit court action.”
Justin Smith, Individually v. Morgan & Morgan Kentucky, Pllc (Ky. Ct. App. 2025). “” 9 The administrator of an estate is statutorily classified as a fiduciary under KRS 395.001(1). A few weeks later, Justin filed the underlying circuit court action.”
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