Ky. Rev. Stat. » Chapter 395

Ky. Rev. Stat. § 395.515

Contents of petition, adjudication of rights of interested persons -- Realty

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sold, when. In such an action the petition must state the amount of the debts and the nature and value of the property, real and personal, of the decedent, so far as known to the plaintiff; if it appears that there is a genuine issue concerning the right of any creditor, beneficiary or heir-at-law to receive payment or distribution, or if it appears that there is a genuine issue as to what constitutes a correct and lawful settlement of the estate, or a correct and lawful distribution of the assets, such issues may be adjudicated by the court; and, if it shall appear that the personal estate is insufficient for the payment of all debts, the court may order the real property descended or devised to the heirs or devisees who may be parties to the action, or so much thereof as shall be necessary, to be sold for the payment of the residue of such debts. History: Amended 1964 Ky. Acts ch. 105, sec. 1. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 429.

Notes of Decisions
Cited in 16 cases (10 in the last 5 years), 1972–2026 · leading case: White v. White
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White v. White (1994) kyctapp · cites it 5× “2d 480, 482 (1945) (discussmg the statutory predecessor to KRS 395.515) (emphasis supplied). We hold that the trial court erroneously allowed Howard’s suit to contmue despite the failure to name himself as an heir and his brother, Andrew, as the eo-admimstrator with the will…”
Wood v. Wingfield (1991) ky · cites it 2× “There was apparently never an affidavit of descent filed ( 213 S.”
McGuire v. Citizens Fidelity Bank & Trust Co. (1991) ky · cites it 2× “On June 30, 1988, Citizens Fidelity Bank and Trust Company (Citizens Fidelity) was appointed administrator de bonis non of the estate, and on that same day it filed an action in the Boyd Circuit Court to settle the estate pursuant to KRS 395.515. Prior to this date in June,…”
Brandon Mills v. Ricky Mills Individually (2020) kyctapp · cites it 12× “Otherwise, KRS 395.515, upon which this action is premised, provides, in relevant part, “if it shall appear that the personal estate is insufficient for the payment of all debts, the court may order the real property descended or devised to the heirs or devisees who may be…”
Jones v. Edmunds (1972) kyctapp “Executors and Administrators § 479. By statute, Kentucky has imposed liability upon the real property of a decedent for the payment of his debts but this liability exists only where the personal property of the estate is insufficient for such payment.”
Debra Goff, Individually and as of Estate of Elbert Goff, Sr. v. Honorable Brian C. Edwards (2022) ky · cites it 7× “9 KRS 395.515, 24A.120(2). No statute provides for the renunciation of a will by a guardian to be commenced in circuit court.”
Matt Miniard v. Robin Miniard, in His Capacity as of the Estate of Ralph E. Miniard, Jr. (2024) kyctapp · cites it 6× “510 and KRS 395.515 seeking to compel settlement of Ralph’s estate.”
Matt Miniard v. Robin Miniard, in His Capacity as of the Estate of Ralph E. Miniard, Jr. (2024) kyctapp · cites it 6× “510 and KRS 395.515 seeking to compel settlement of Ralph’s estate.”
Michael L. Brumleve, as Trustee of the Benedict L. Brumleve Revocable Trust Agreement Dated July 7, 2005 v. Robert A. Ma (2025) kyctapp · cites it 5× “510 and KRS 395.515 (Action No. 20-CI-005267). Therein, Marshall sought an adjudication that he properly charged the estate $81,318.”
Doug Deatherage v. Pamela Breving (2021) kyctapp · cites it 4× “510, and KRS 395.515. KRS 24A.120(2) states that a “District Court shall have exclusive jurisdiction in: .”
Matt Miniard as of the Estate of Ralph E. Miniard Jr. v. Robin Miniard (2022) kyctapp · cites it 4× “510 and KRS 395.515 seeking to compel settlement of Ralph’s estate.”
Steve Gregory v. Brandon Hardgrove (2018) ky · cites it 3× “Further, KRS 395.515 outlines the proper contents of a settlement petition, including the circumstance of when real estate may be sold: [I]f it appears that there is a genuine issue concerning the right of any creditor, beneficiary or heir-at-law to receive payment or…”
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