The following persons may be appointed as fiduciary:
(1) Any resident of the state of Kentucky, over eighteen (18) years of age, except as set out in KRS 395.080;
(2) Any national bank located in Kentucky having fiduciary powers;
(3) Any state bank or trust company incorporated under the laws of this state and authorized by law to act as fiduciary; (4) To the extent permitted pursuant to KRS 286.3-146 and 286.3-920(5), any bank or trust company organized under the laws of a state other than Kentucky; and
(5) Any nonresident of legal age who is as to the decedent, ward, or incompetent, related by consanguinity, marriage, adoption or the spouse of such person so related. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 152, sec. 41, effective July 15, 2024. -- Amended 2011 Ky. Acts ch. 67, sec. 1, effective June 8, 2011. -- Amended 1980 Ky. Acts ch. 259, sec. 19, effective July 15, 1980. -- Amended 1970 Ky. Acts ch. 29, sec. 1. -- Amended 1968 Ky. Acts ch. 100, sec. 10. -- Created 1942 Ky. Acts ch. 167, sec. 2.
Notes of Decisions
GGNSC Stanford, LLC v. Rowe, 388 S.W.3d 117 (Ky. Ct. App. 2012).
“040 and KRS 395.005, in support of the argument that there is a legislative preference that "family members [be granted] authority to act on behalf of those who lack capacity to act for themselves.”
Gregory v. City of Lewisport, 369 S.W.2d 133 (Ky. Ct. App. 1963).
“The appellant argues that under KRS 395.005 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.”
Commonwealth v. Hallahan, 391 S.W.2d 378 (Ky. Ct. App. 1965).
“025 (formation of corporations and ownership of stock), KRS 395.005 (qualifications of fiduciaries), KRS 423.”
Stathis v. Farmers Bank & Capital Trust Co., 444 S.W.2d 112 (Ky. Ct. App. 1969).
“030(2)) in which he alleged the death of Theophanis, the names of the heirs and his nomination and qualifications pursuant to KRS 395.005 to be the administrator. He narrated the proceedings in the county court and supported his pleading with a certified copy of the record in…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.