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, 883 S.W.2d 502 (Ky. Ct. App. 1994).
White v. White, 883 S.W.2d 502 (Ky. Ct. App. 1994).
· 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, 816 S.W.2d 899 (Ky. 1991).
· cites it 2× “There was apparently never an affidavit of descent filed ( 213 S.”
McGuire v. Citizens Fid. Bank & Trust Co., 805 S.W.2d 119 (Ky. 1991).
· 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 (Ky. Ct. App. 2020).
· 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, 477 S.W.2d 771 (Ky. Ct. App. 1972).
“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.”
Doug Deatherage v. Pamela Breving (Ky. Ct. App. 2021).
· cites it 4× “510, and KRS 395.515. KRS 24A.120(2) states that a “District Court shall have exclusive jurisdiction in: .”
Steve Gregory v. Brandon Hardgrove (Ky. 2018).
· 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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