When notice of hearing of an application for the appointment of an administrator,
administrator with will annexed or guardian is required, it shall be given by mailing
written notice of the time, place and purpose of such hearing at least five (5) days before
said hearing. Proof of such notice shall be by certified mail, return receipt requested or by
applicant's affidavit that the same was mailed to each of the parties entitled thereto in a
sealed envelope, postage prepaid, and the date when posted, which proof shall be filed at
the time of hearing. If all parties entitled to notice are under no disability and waive
notice in writing, the court may hear such application as if notice had been given. A
minor over fourteen (14) years of age may waive notice if present in person at the time of
hearing of application for appointment of his guardian; provided, however in any estate
where the gross amount involved is less than five thousand dollars ($5,000) the court in
its discretion may dispense with the requirements of this section relating to notice.
Effective: July 15, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 106, effective July 1, 1982; and ch. 277,
sec. 9, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 315, sec. 84. --
Created 1942 Ky. Acts ch. 167, sec. 7.
Note: 1980 Ky. Acts ch. 396, sec. 119 would have amended this section effective
July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch.
141, sec. 146, also effective July 1, 1982. Also 1982 Ky. Acts ch. 277. sec. 10,
purported to amend this section as it was amended by 1980 Ky. Acts ch. 396 but this
amendment was not compiled.
Notes of Decisions
New Farmers Nat'l Bank v. Thomas, 411 S.W.2d 672 (Ky. Ct. App. 1967).
“” Our inquiry then is when could the order have first been made? The death of Louise Williams could have been suggested of record forthwith and an administrator could have been appointed upon the expiration of the five (5) day notice required by KRS 395.016. No reason was…”
Cox's Adm'r (Wall) v. Bingham, 175 S.W.2d 1010 (Ky. Ct. App. 1943).
· cites it 4× “Bingham, pursuant to notices theretofore given as prescribed in section 395.016 of KRS, moved the court to set aside the order appointing Wall, and at the same time he filed his application for the appointment duly prepared pursuant to the provisions of section 395.”
Florence Baker v. Rachel Kuffner (Ky. Ct. App. 2022).
· cites it 2× “Proof of notice shall be made in accordance with the provisions of KRS 395.016. Notice may be waived as provided in KRS 395.”
Florence Baker v. Rachel Kuffner (Ky. Ct. App. 2022).
· cites it 2× “Proof of notice shall be made in accordance with the provisions of KRS 395.016. Notice may be waived as provided in KRS 395.”
Settle v. Willett, 426 S.W.2d 423 (Ky. Ct. App. 1968).
· cites it 2× “025 and KRS 395.016 relating to fixing a time for hearing of such an application and providing for notice of the time, place, and purpose of the hearing at least five days prior to the date of hearing.”
Treas v. Treas, 240 S.W.2d 593 (Ky. Ct. App. 1951).
“Notice of said hearing shall be given to the surviving spouse and all known heirs of the deceased residing in the state, in the manner provided in KRS 395.016.” The first paragraph of KRS 395.”
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.