(1) The District Court of a county which has a public administrator and guardian shall, after the expiration of sixty (60) days from the death of the decedent, order the public administrator and guardian to administer the estate of the decedent where the surviving spouse and heirs waive their right to be appointed, or if the surviving spouse does not nominate a suitable administrator, or in the event any of the persons designated in KRS 395.040 are unable, or found to be incapable of handling or managing the estate, or if from any other cause there is no personal representative. If there is no public administrator and guardian, the court shall order the sheriff to administer the estate.
(2) The District Court shall also confide to the public administrator and guardian the care and control of the persons and estates of all minors when it appears that a minor has no testamentary guardian and no one will apply for appointment, or serve, as guardian. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 277, sec. 16, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 388, effective January 2, 1978. -- Amended 1968 Ky. Acts ch. 151, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3905, 3907.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1984–2023 · leading case:
Harris v. Jackson, 192 S.W.3d 297 (Ky. 2006).
Harris v. Jackson, 192 S.W.3d 297 (Ky. 2006).
· cites it 2× “NOTES [1] Appellant did allude to the defect in the parties in a response to Appellee's motion to abate in the Court of Appeals, but only as a counter-point response to arguments made by Appellee for abatement. No motion to dismiss for defective parties has been made.”
Gailor v. Alsabi, 990 S.W.2d 597 (Ky. 1999).
· cites it 2× “He did not move that the public administrator be appointed to administer Whalen's estate pursuant to KRS 395.390 until September 22, 1994. The appointment was made on November 17, 1994.”
Commonwealth v. Cabinet for Human Resources, 686 S.W.2d 465 (Ky. Ct. App. 1984).
“The Court also notes that under KRS 395.390 and KRS 395.395 that there is a possibility the Public Administrator and Guardian could serve as fiduciary, if Graves County has such.”
Graham v. Todd Cnty., No. 1:20-cv-00210 (W.D. Ky. Nov. 8, 2023).
“See KRS 395.390 & 395.400. Ward apparently did not reach out to the KSP, nor did he acknowledge Plaintiff’s counsel’s efforts to inform him of his duties as Public Administrator.”
Ky. Rev. Stat. § 395.390(1): 1 case
Harris v. Jackson, 192 S.W.3d 297 (Ky. 2006).
“NOTES [1] Appellant did allude to the defect in the parties in a response to Appellee's motion to abate in the Court of Appeals, but only as a counter-point response to arguments made by Appellee for abatement. No motion to dismiss for defective parties has been made.”
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