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

Ky. Rev. Stat. § 395.105 (2026)

Fiduciary must have letters of appointment -- General duties -- When

✓ current as of May 2026
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appointment effective. Every fiduciary, before entering upon the execution of the trust, shall receive letters of appointment from the District Court having jurisdiction as now fixed by law. The duties of a fiduciary shall be such as are required by law, and such additional duties not inconsistent therewith as the court may order. The appointment shall be effective with the signing of an order by the judge. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 384, effective January 2, 1978. -- Amended 1970 Ky. Acts ch. 257, sec. 1. -- Created 1942 Ky. Acts ch. 167, sec. 3.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1960–2024 · leading case: Batts v. Illinois Cent. R.R., 217 S.W.3d 881 (Ky. Ct. App. 2007).
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Batts v. Illinois Cent. R.R., 217 S.W.3d 881 (Ky. Ct. App. 2007). “In asserting its argument, however, ICRR overlooks KRS 395.105. This statute, addressing when the appointment of a fiduciary 3 becomes effective, states: *884 Every fiduciary, before entering upon the execution of the trust, shall receive letters of appointment from the District…”
Bennett v. Nicholas, 250 S.W.3d 673 (Ky. Ct. App. 2007). “” KRS 395.105. His administration will not cease until the putative will is “produced and proved[.”
Dianna Lynn Davenport, in Her Capacity as Pers. Rep. of the Est. of Penny Ann Simmons v. Kindred Hospitals Ltd. P'ship D/B/A Kindred Hosp. - Louisville (Ky. Ct. App. 2022). · cites it 24× “We must affirm because we agree with the circuit court that KRS 395.105 is constitutional, and we are constrained by our published precedent in Batts v.”
Dianna Lynn Davenport, in Her Capacity as Pers. Rep. of the Est. of Penny Ann Simmons v. Kindred Hospitals Ltd. P'ship D/B/A Kindred Hosp. - Louisville (Ky. 2024). · cites it 16× “Kindred based its motion on KRS 395.105, arguing that the date of Davenport’s appointment was 2 Kentucky Revised Statutes.”
Riedinger v. Murphy, 337 S.W.2d 22 (Ky. Ct. App. 1960). “001 defines the term “fiduciary” as including a testamentary trustee, and KRS 395.105 provides that, “Every fiduciary, before entering up *24 on the execution of the trust, shall receive letters of appointment from the county court having jurisdiction as now fixed by law.”
— Ky. Rev. Stat. § 395.105(1) — 1 case
Dianna Lynn Davenport, in Her Capacity as Pers. Rep. of the Est. of Penny Ann Simmons v. Kindred Hospitals Ltd. P'ship D/B/A Kindred Hosp. - Louisville (Ky. Ct. App. 2022). “We must affirm because we agree with the circuit court that KRS 395.105 is constitutional, and we are constrained by our published precedent in Batts v.”
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