Kentucky Revised Statutes

Ky. Rev. Stat. § 395.040 (2026)

Administrator -- Persons entitled to be appointed -- Discovery of will

✓ current as of May 2026

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(1) The court shall grant administration to the relations of the deceased who apply for administration, preferring the surviving husband or wife, or if the surviving husband or wife does not nominate a suitable administrator, then such others as are next entitled to distribution, or one (1) or more of them whom the court judges will best manage the estate. (2) If no person mentioned in subsection (1) applies for administration within sixty (60) days from the death of an intestate, the court may grant administration to a creditor, or to any other person, in its discretion. (3) No master or other commissioner whose duty it is to settle the accounts of a personal representative shall be appointed an administrator. (4) If a will is afterwards produced and proved, the administration shall cease, and the court may grant a certificate of the probate of the will, or, in the proper case, letters of administration with the will annexed. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 277, sec. 11, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 299, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3867, 3896, 3897.

Notes of Decisions

Cited in 22 cases (4 in the last 5 years), 1942–2025 · leading case: Harris v. Jackson, 192 S.W.3d 297 (Ky. 2006).

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Harris v. Jackson, 192 S.W.3d 297 (Ky. 2006). · cites it 2× “278, they could have applied to be named the personal representatives of Harris's estate pursuant to KRS 395.040(2) or for the appointment of a public administrator under KRS 395.”

Bennett v. Nicholas, 250 S.W.3d 673 (Ky. Ct. App. 2007). · cites it 2× “KRS 395.040 governs the appointment of administrators when there is no will, and subsection (4) of that statute reads, If a will is afterwards produced and proved, the administration shall cease, and the court may grant a certificate of the probate of the will, or, in the proper…”

GGNSC Stanford, LLC v. Rowe, 388 S.W.3d 117 (Ky. Ct. App. 2012). “Golden LivingCenter has also cited to Kentucky's statutes governing the appointment of personal representatives to oversee a decedent's estate, KRS 395.040 and KRS 395.005, in support of the argument that there is a legislative preference that "family members [be granted]…”

Modern Bakery, Inc. v. Brashear, 405 S.W.2d 742 (Ky. Ct. App. 1966). “KRS 395.040. The county court order shows that Nathan Brashear took the proper fiduciary oath and executed bond, thus subjecting himself to the jurisdiction of the court if he had not done so theretofore by the filing of a formal written application.”

Howd v. Clay, 228 S.W.2d 437 (Ky. Ct. App. 1950). · cites it 2× “Howard Clay as public administrator of tbe estate of George Howd, basing tbe motion on KRS 395.040 giving tbe surviving wife preference in appointment.”

Beddow v. Beddow's Adm'r., 267 S.W.2d 87 (Ky. Ct. App. 1953). · cites it 2× “*89 Appellant argues at the outset that because the widow may, in the action we have just discussed, be eventually adjudged not to be the wife of the decedent, she is thereby deprived of her first preference to qualify or in the alternative to designate a suitable administrator…”

Cecil v. Farmers Nat. Bank, 245 S.W.2d 430 (Ky. Ct. App. 1952). “On their cross-appeal appellees urged that the chancellor erred in not removing Eulah as the personal representative of Charles since she had no distributive share in his estate.”

Cosby v. Hays, 257 S.W.2d 575 (Ky. Ct. App. 1953). “The disqualification of the husband necessarily removes 'J.”

Hays v. Coy, 264 S.W.2d 258 (Ky. Ct. App. 1954). “The first contention of the appellants is that, under KRS 395.050, the county court had discretion in the naming of an administrator with the will annexed, and was not required to give preference to those who would have been entitled to administration had there been no will.”

Baesler v. Bell's, 299 S.W.2d 605 (Ky. Ct. App. 1956). “The qualification and action as executrix were not inconsistent with her claim for damages against the estate growing out of the breach of the contract to devise.”

Ferguson v. Ferguson, 610 S.W.2d 925 (Ky. Ct. App. 1980). · cites it 2× “The issue presented herein is whether the circuit court erred, as a matter of law, in determining that such appointment was valid under KRS 395.040(1), and not subject to collateral attack either by the district court or by the appellant.”

Skaggs v. Cook, 374 S.W.2d 857 (Ky. Ct. App. 1964). “KRS 395.040(1), concerning who is entitled to be named administrator, states in part: “The (county) court shall grant administration to the relations of the deceased who apply for administration, preferring the surviving husband or wife, and then such others as are next entitled…”

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— Ky. Rev. Stat. § 395.040(1) — 3 cases

Howd v. Clay, 228 S.W.2d 437 (Ky. Ct. App. 1950). “Howard Clay as public administrator of tbe estate of George Howd, basing tbe motion on KRS 395.040 giving tbe surviving wife preference in appointment.”

Ferguson v. Ferguson, 610 S.W.2d 925 (Ky. Ct. App. 1980). “The issue presented herein is whether the circuit court erred, as a matter of law, in determining that such appointment was valid under KRS 395.040(1), and not subject to collateral attack either by the district court or by the appellant.”

— Ky. Rev. Stat. § 395.040(2) — 2 cases

Harris v. Jackson, 192 S.W.3d 297 (Ky. 2006). “278, they could have applied to be named the personal representatives of Harris's estate pursuant to KRS 395.040(2) or for the appointment of a public administrator under KRS 395.”

Yeary v. Yeary, 351 S.W.2d 515 (Ky. Ct. App. 1961).

— Ky. Rev. Stat. § 395.040(4) — 1 case

Bennett v. Nicholas, 250 S.W.3d 673 (Ky. Ct. App. 2007). “KRS 395.040 governs the appointment of administrators when there is no will, and subsection (4) of that statute reads, If a will is afterwards produced and proved, the administration shall cease, and the court may grant a certificate of the probate of the will, or, in the proper…”

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