Kentucky Revised Statutes
Ky. Rev. Stat. § 395.278 (2026)
When party may revive action and limitation
✓ current as of May 2026
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An application to revive an action in the name of the representative or successor of a plaintiff, or against the representative or successor of a defendant, shall be made within one (1) year after the death of a deceased party. History: 1974 Ky. Acts ch. 299, sec. 16.
Notes of Decisions
Cited in 41
cases (17 in the last 5 years), 1980–2026 · leading case: Hardin Cnty. v. Wilkerson, 255 S.W.3d 923 (Ky. 2008).
Hardin Cnty. v. Wilkerson, 255 S.W.3d 923 (Ky. 2008). “The Appellants [1] succeeded at the trial court in having the Appellees' action dismissed for failure to revive their suit within one year of the death of the original plaintiff under KRS 395.278. The Court of Appeals held that that action was stayed and the one year statute of…”
Harris v. Jackson, 192 S.W.3d 297 (Ky. 2006). “Harris, deceased, moved for discretionary review of a Court of Appeals decision which reversed a Christian Circuit Court order dismissing the Appellee's action against him for failure to properly revive the action against the Appellant's personal representative within one (1)…”
Mitchell v. Money, 602 S.W.2d 687 (Ky. Ct. App. 1980). “The original action was dismissed pursuant to KRS 395.278. The second action was also dismissed, the trial court ruling that the dismissal of the senior *688 action was res judicata with respect to it.”
Snyder v. Snyder, 769 S.W.2d 70 (Ky. Ct. App. 1989). “02 motion to vacate the orders of October 5 and October 19,1987, based upon the appellee’s failure to properly revive the action against appellant within one year pursuant to KRS 395.278; and 2) the trial court erred in vacating the decree of legal separation on the…”
Goldstein v. Feeley, 299 S.W.3d 549 (Ky. 2009). “In those motions, Appellant argued that the procedures set forth in KRS 395.278 and CR 25.01 to revive the action against him were not properly followed.”
Nationwide Mut. Ins. Co v. Hatfield, 122 S.W.3d 36 (Ky. 2003). “140, KRS 395.278, CR 25.01, no personal representative has ever entered an appearance on behalf of Mrs.”
S.F. Lococo, DVM v. Kentucky Horse Racing Comm'n, 483 S.W.3d 848 (Ky. Ct. App. 2016). “01 and KRS 395.278 to properly revive the action and' substitute the executrix of the estate as the real party in interest.”
Batts v. Illinois Cent. R.R., 217 S.W.3d 881 (Ky. Ct. App. 2007). “Nonetheless, also on April 21, 2005, Dale filed a motion in the McCracken Circuit Court seeking to revive the FELA claim and to be substituted as plaintiff for her deceased husband.”
Frank v. Est. of Enderle, 253 S.W.3d 570 (Ky. Ct. App. 2008). “Finally, Barnes argued the failure to timely revive the action was not Tucker’s fault but rather the result of Rudicil’s failure to review his own file, investigate the case prior to November 2005, and properly file the petition in a timely fashion: On April 27, 2006, the trial…”
Hammons v. Tremco, Inc., 887 S.W.2d 336 (Ky. 1994). “140, KRS 395.278, CR 76.24. At common law, all pending personal actions permanently abated upon the death of a sole plaintiff or defendant.”
Whittaker v. Smith, 998 S.W.2d 476 (Ky. 1999). “Counsel for the Special Fund filed a notice of representation on September 25, 1996. On October 22, 1996, the Special Fund filed a special answer in which it asserted that the one-year period of limitations contained in KRS 395.”
Commonwealth v. Maynard, 294 S.W.3d 43 (Ky. Ct. App. 2009). “01 (substitution of parties may be made upon the death of a party); KRS 395.278 (lawsuits may be revived by representatives or successors to deceased parties).”
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