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

Ky. Rev. Stat. § 395.510 (2026)

Persons who may bring actions for settlement of estates -- Parties

✓ current as of May 2026
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(1) A representative, legatee, distributee or creditor of a deceased person may bring an action in circuit court for the settlement of his estate provided that no such suit shall be brought by any of the parties named except the personal representative until the expiration of six months after the qualification of such representative. (2) The representatives of the decedent, and all persons having a lien upon or an interest in the property left by the decedent, or any part thereof, and the creditors of the decedent, so far as known to the plaintiff, must be parties to the action as plaintiffs or defendants. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 394, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 428. -- C.C. sec. 428 amended 1918 Ky. Acts ch. 155, sec. 1.

Notes of Decisions
Cited in 23 cases (12 in the last 5 years), 1954–2026 · leading case: Priestley v. Priestley, 949 S.W.2d 594 (Ky. 1997).
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Priestley v. Priestley, 949 S.W.2d 594 (Ky. 1997). · cites it 4× “For her response, appellee states that the judgment fails to reflect that she breached any fiduciary duty as administratrix.”
Hale v. Moore, 289 S.W.3d 567 (Ky. Ct. App. 2008). · cites it 4× “Instead, about a month after the district court hearing, on December 7, 2004, Hale filed an original action in Shelby Circuit Court asserting there was now an "adversary proceeding" and therefore the circuit court had sole jurisdiction over the matter by virtue of KRS 395.510.…”
Wood v. Wingfield, 816 S.W.2d 899 (Ky. 1991). · cites it 4× “requires that the estate be in administration. It is possible, and indeed was the case herein, that the administration might never be sought or that it might already have been concluded.”
Maratty v. Pruitt, 334 S.W.3d 107 (Ky. Ct. App. 2011). · cites it 4× “In regards to probate settlements, KRS Chapter 395 sets out four ways a probate *111 estate may be settled: KRS 395.510 to 395.550 (circuit court action to settle an estate); KRS 395.”
Lee ex rel. Dawson v. Porter, 598 S.W.2d 465 (Ky. Ct. App. 1980). · cites it 4× “After recognizing that the county court (now district court) had the power to remove the fiduciary for sufficient cause (citing KRS 395.510) and the additional authority to compel settlements, the Court of Appeals determined that “[njumerous decisions of this Court have…”
Doe v. Golden & Walters, PLLC, 173 S.W.3d 260 (Ky. Ct. App. 2005). “The relevant statute at this time was KRS 395.510. Id. at 424 . 85 . 126 S.W.2d at 1132-1133 .”
White v. White, 883 S.W.2d 502 (Ky. Ct. App. 1994). · cites it 3× “It could have brought an action to settle the estate under KRS 395.510. A creditor may not file a claim upon an estate, allow the applicable statute of limitations to run, and then assert its right to recover the debt outside the limitations period.”
Debra Goff, Individually & as of Est. of Elbert Goff, Sr. v. Honorable Brian C. Edwards (Ky. 2022). · cites it 13× “Goff argued that claims against third parties do not fall within the purview of a KRS 395.510 settlement action and incorporated her previously- 3 made standing and subject-matter jurisdiction arguments.”
Doug Deatherage v. Pamela Breving (Ky. Ct. App. 2021). · cites it 9× “120, KRS 395.510, and KRS 395.515. KRS 24A.120(2) states that a “District Court shall have exclusive jurisdiction in: .”
Matt Miniard v. Robin Miniard, in His Capacity as of the Est. of Ralph E. Miniard, Jr. (Ky. Ct. App. 2024). · cites it 9× “This action had been started by two individuals to enforce a claim against the Estate that Matt had disallowed, and they had also sought settlement of the Estate and the sale of Ralph’s real property if necessary, which brought the action into circuit court under an exception…”
Matt Miniard v. Robin Miniard, in His Capacity as of the Est. of Ralph E. Miniard, Jr. (Ky. Ct. App. 2024). · cites it 9× “This action had been started by two individuals to enforce a claim against the Estate that Matt had disallowed, and they had also sought settlement of the Estate and the sale of Ralph’s real property if necessary, which brought the action into circuit court under an exception…”
Steve Gregory v. Brandon Hardgrove (Ky. 2018). · cites it 7× “Before us, Gregory argues that he has a claim against the property which descended to the Decedent’s heirs, and as to which KRS 395.510 and 395.515 provide him a remedy.”
Show all 23 citing cases →
— Ky. Rev. Stat. § 395.510(1) — 11 cases
Hale v. Moore, 289 S.W.3d 567 (Ky. Ct. App. 2008). “Instead, about a month after the district court hearing, on December 7, 2004, Hale filed an original action in Shelby Circuit Court asserting there was now an "adversary proceeding" and therefore the circuit court had sole jurisdiction over the matter by virtue of KRS 395.510.…”
Lee ex rel. Dawson v. Porter, 598 S.W.2d 465 (Ky. Ct. App. 1980). “After recognizing that the county court (now district court) had the power to remove the fiduciary for sufficient cause (citing KRS 395.510) and the additional authority to compel settlements, the Court of Appeals determined that “[njumerous decisions of this Court have…”
Priestley v. Priestley, 949 S.W.2d 594 (Ky. 1997). “For her response, appellee states that the judgment fails to reflect that she breached any fiduciary duty as administratrix.”
Myers v. State Bank & Trust Co., 307 S.W.2d 933 (Ky. Ct. App. 1957).
Debra Goff, Individually & as of Est. of Elbert Goff, Sr. v. Honorable Brian C. Edwards (Ky. 2022). “Goff argued that claims against third parties do not fall within the purview of a KRS 395.510 settlement action and incorporated her previously- 3 made standing and subject-matter jurisdiction arguments.”
— Ky. Rev. Stat. § 395.510(2) — 4 cases
White v. White, 883 S.W.2d 502 (Ky. Ct. App. 1994). “It could have brought an action to settle the estate under KRS 395.510. A creditor may not file a claim upon an estate, allow the applicable statute of limitations to run, and then assert its right to recover the debt outside the limitations period.”
Judy Pruitt v. Tommy Kerr Esham (Ky. Ct. App. 2021).
Debra Goff, Individually & as of Est. of Elbert Goff, Sr. v. Honorable Brian C. Edwards (Ky. 2022). “Goff argued that claims against third parties do not fall within the purview of a KRS 395.510 settlement action and incorporated her previously- 3 made standing and subject-matter jurisdiction arguments.”
Young v. United States, 355 S.W.2d 144 (Ky. Ct. App. 1961).
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