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

Ky. Rev. Stat. § 395.280 (2026)

Successor of representative may be substituted in actions

✓ current as of May 2026
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When any personal representative commences an action or is sued, and then dies, is removed or is superseded by another before the termination of the action, his successor may, by order of court, be substituted for the original plaintiff or defendant. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3844.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2022–2024 · leading case: Mr. Roof of Louisville, LLC v. The Est. of Ayanna Henry, (Successor Adm'r Not Yet Appointed) (Ky. 2023).
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Mr. Roof of Louisville, LLC v. The Est. of Ayanna Henry, (Successor Adm'r Not Yet Appointed) (Ky. 2023). · cites it 24× “In this case, we are required to decide whether the Court of Appeals erred in holding that KRS 395.280, providing for the substitution of a successor administrator, was not subject to the one-year limitation of KRS 395.”
The Est. of Ayanna Henry, (Sucessor Adm'r Not Yet Appointed) v. Am. Water Heater Co. (Ky. Ct. App. 2022). · cites it 7× “They contended that a new personal representative, Brian Cochran, could be substituted for Shanita Bailey pursuant to -3- the provision of KRS 395.280. This statute provides a summary procedure by which the court may order a substitute personal representative to replace one who…”
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). “278; who may be substituted upon the death of a representative, KRS 395.280; when an order dispensing with administration may be set aside, KRS 395.”
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