Kentucky Revised Statutes

Ky. Rev. Stat. § 395.615 (2026)

Evidence -- How produced -- Allowances to be supported by facts

✓ current as of May 2026

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The District Court may hear evidence for or against any item, and may question fiduciaries, under oath, about any matter connected with the settlement. Witnesses may be summoned at the instance of either party to give evidence when the settlement is made, or upon the trial of exceptions thereto, and their attendance may be coerced as in other cases. All oral evidence shall be electronically recorded and no evidence shall be presumed to have been heard unless it has been so recorded. No credit shall be allowed a fiduciary for disbursements, fees or services without legal evidence to justify it. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 12, sec. 2, effective June 17, 1978. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 371, effective January 2, 1978.

Notes of Decisions

Cited in 2 cases, 1980–1996 · leading case: Lee ex rel. Dawson v. Porter, 598 S.W.2d 465 (Ky. Ct. App. 1980).

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Lee ex rel. Dawson v. Porter, 598 S.W.2d 465 (Ky. Ct. App. 1980). “It is true that a new section of the statutes providing for district court settlements of fiduciaries was created by the special session of the 1976 Legislature, but insofar as the hearing of evidence in connection therewith, it is not mandatory that the district court do so for…”

Kentucky Bar Ass'n v. Profumo, 931 S.W.2d 149 (Ky. 1996). “” KRS 395.615. Even if Ms. Pirtle’s will could reasonably be held to name Respondent both as executor and attorney, the attorney’s fee, like the executor’s commission, is not supported by the required evidence.”

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