Kentucky Revised Statutes

Ky. Rev. Stat. § 395.400 (2026)

Functions of public administrator and sheriff

✓ current as of May 2026

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The public administrator and guardian or sheriff shall, by virtue of his office and the order of court, be the administrator or administrator de bonis non, or if there is a will, administrator with the will annexed, and shall have all the rights and powers and be subjected to the same liabilities and be governed by the same laws prescribed for administrators and guardians. If the sheriff is acting, his powers, rights, duties and liabilities shall not expire with his office of sheriff. The court may, however, at any time, set aside the order entrusting the estate to the public administrator and guardian or sheriff and allow an executor or administrator to qualify. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3906, 3908.

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: Harris v. Jackson, 192 S.W.3d 297 (Ky. 2006).

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Harris v. Jackson, 192 S.W.3d 297 (Ky. 2006). · cites it 2× “040(2) or for the appointment of a public administrator under KRS 395.400. But this was not done. Thus, the Court of Appeals opinion must be vacated because the Court of Appeals never had jurisdiction to hear this case.”

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