(1) If a personal representative moves out of the state and fails to designate a process
agent as required by KRS 395.015(1), becomes insane or otherwise incapable to
discharge the trust, goes bankrupt or insolvent or is in failing circumstances, the
District Court shall remove him, and the other personal representative, if there is
another, shall discharge the trust. If he resides in the county of his appointment or in
an adjoining county, and is not insane, he shall have ten (10) days' notice before the
order of removal is made. If he is insane, the notice shall be given to his committee,
if he has one, and if there is no committee, the court may appoint one.
(2) The district court may remove a personal representative for failing to give additional
security when required under KRS 62.060 and appoint another.
(3) The court shall require a personal representative who is removed to settle his
accounts, and deliver over the decedent's estate to the person appointed in his stead.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 386, effective January
2, 1978. -- Amended 1974 Ky. Acts ch. 299, sec. 15. -- Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3839, 3840, 3846.
Notes of Decisions
Lee ex rel. Dawson v. Porter, 598 S.W.2d 465 (Ky. Ct. App. 1980).
· cites it 3× “160 which limits removal of a personal representative because of the incapability to act as such, nonresidency coupled with failure to designate an agent for service of process, bankruptcy, insolvency, failing circumstances or refusing or failing to provide additional security…”
Howd v. Clay, 228 S.W.2d 437 (Ky. Ct. App. 1950).
· cites it 5× “2d 1098, 1100 , we said: “Section 3846, Kentucky Statutes (KRS 395.160) prescribes the grounds on which a personal representative may be removed, one of these grounds being that such representative is ‘incapable to *511 discharge the trust.”
Mullins v. Mullins, 212 S.W.2d 272 (Ky. Ct. App. 1948).
· cites it 2× “The statute itself requires the Court to prefer the surviving husband or wife, but the use of the word “preferring” indicates the legislature did not intend to deprive the Court of all discretion in the selection.”
Wolfe v. Young, 521 S.W.3d 598 (Ky. Ct. App. 2017).
“He contends that the issues raised by Young, Vanover, and Hays would have been addressed more properly in connection with the final settlement that he was preparing to file with the court.”
Cosby v. Hays, 257 S.W.2d 575 (Ky. Ct. App. 1953).
“” Analogous to the antagonistic interest as provided by KRS 395:050, is incapacity to perform the trust on account of some interest adverse to the estate as contemplated tiy KRS 395.160. In construing the latter section, this Court in Price’s Adm’r v.”
Karsner's Ex'r v. Monterey Christian Church, 200 S.W.2d 474 (Ky. Ct. App. 1947).
“If a personal representative cannot in good faith and conscience perform his trust in a fair and unbiased manner, he ought to resign voluntarily.”
Ewald v. Citizens Fid. Bank & Trust Co., 305 S.W.2d 533 (Ky. Ct. App. 1957).
· cites it 3× “However, this does not mean that the nature of the claim is not important. As we understand the law, disqualification of an executor by reason of an adverse claim against the estate arises only where the' nature of *535 the claim itself is such as to establish that the executor…”
Carpenter v. Planck, 201 S.W.2d 908 (Ky. Ct. App. 1947).
· cites it 2× “Section 395.160, KRS is the same as sec. 3846 of Carroll’s Kentucky Statutes, and the pertinent part of it applicable to the facts of this case says: “If a.”
Morris v. Brien, 712 S.W.2d 347 (Ky. Ct. App. 1986).
· cites it 3× “KRS 395.160(1) speaks to the removal by the District Court of a personal representative if he be “incapable to discharge the trust.”
Harber v. Kentucky Ridge Coal Co., 85 F. Supp. 233 (E.D. Ky. 1949).
· cites it 2× “110 of Kentucky Revised Statutes, the County Court of each county is vested with jurisdiction to appoint and remove personal representatives; and section 395.160 provides: “If a personal representative resides out'of the state * * * the county court shall remove Him- * * NO…”
— Ky. Rev. Stat. § 395.160(1) — 2 cases
Howd v. Clay, 228 S.W.2d 437 (Ky. Ct. App. 1950).
“2d 1098, 1100 , we said: “Section 3846, Kentucky Statutes (KRS 395.160) prescribes the grounds on which a personal representative may be removed, one of these grounds being that such representative is ‘incapable to *511 discharge the trust.”
Morris v. Brien, 712 S.W.2d 347 (Ky. Ct. App. 1986).
“KRS 395.160(1) speaks to the removal by the District Court of a personal representative if he be “incapable to discharge the trust.”
— Ky. Rev. Stat. § 395.160(3) — 2 cases
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