Two (2) months must run after the date of the qualification of the first personal
representative of a decedent's estate before an action shall be commenced against any
executor or administrator thereof, except against an executor de son tort. Any action
brought in violation of this section shall be dismissed with costs, except that an alleged
creditor whose claim has been denied in writing by the fiduciary may commence action
immediately after receipt of such denial.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 90, sec. 5, effective July 15, 1988. -- Amended
1970 Ky. Acts ch. 257, sec. 2. -- Amended 1942 Ky. Acts ch. 167, sec. 15. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 3847.
Notes of Decisions
Kentucky-Virginia Stone Co. v. Ball, 426 S.W.2d 455 (Ky. Ct. App. 1968).
“We are cognizant of KRS 395.270 which says that “five months must run after the date of the qualification of the first personal representative of a decedent’s estate before an action shall be commenced against any executor or administrator thereof except against an executor de…”
Hatchinson Est. v. Reyes, 715 S.W.2d 896 (Ky. Ct. App. 1986).
· cites it 4× “The appellants have maintained from the initiation of this litigation that it ought to be dismissed as being commenced prematurely pursuant to KRS 395.270. Despite their filing of motions to dismiss with their answer which included the statute as an affirmative defense, a motion…”
Rison v. Shepherd, 186 S.W.2d 648 (Ky. Ct. App. 1945).
“Defendants contend that the action accrues under KS 3847 six months after the administrator qualifies (now reduced to 5 months under KRS 395.270), citing Murrell’s Adm’r v. McAllister, 79 Ky.”
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.