Kentucky Revised Statutes

Ky. Rev. Stat. § 395.617 (2026)

Proposed settlement

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) A fiduciary may, prior to filing a periodic or final settlement and prior to a distribution of assets, file with the court a proposed settlement. The proposed settlement shall be set for hearing and notice given as for any other settlement except that beneficiaries of the estate, other than nonresiduary legatees who have received and receipted for their legacies, shall also receive notice from the fiduciary by certified mail, return receipt requested, at least twenty (20) days prior to the hearing date. The proposed settlement shall set forth all assets and disbursements previously made, shall indicate assets on hand and anticipated to be received subsequent to the date of the proposed settlement and prior to the filing of the periodic or final settlement, and shall further indicate the manner in which the remaining and anticipated assets are proposed to be distributed. The proposal may set forth which assets are to be distributed in kind and to whom and which assets may be liquidated for distribution of cash or for payment of debts, costs of administration, or pecuniary legacies. The proposal may also indicate claims proposed to be allowed or disallowed, in whole or in part, and may also indicate fees and commissions proposed to be paid to the fiduciary and his attorney. The inclusion of evidence and vouchers to accompany the proposal shall not be necessary unless required by the court upon exceptions filed. At the hearing, if no exceptions are filed, the proposal, if made according to law, shall be approved. If exceptions are filed, other evidence besides that reported may be heard, and the court shall, upon the whole case, reject, confirm, alter, or amend the proposal. Following the entry of an order of approval or of an order of amendment, the fiduciary shall disburse the assets in accordance therewith. Following the distribution, the fiduciary shall file a settlement accompanied by evidence and vouchers showing that distribution was effected in conformity with the court order. If it appears to the court that the distribution was in conformity, the court shall confirm the settlement and, if the settlement is final, discharge the fiduciary and his surety without further hearing or notice to any person.

(2) An aggrieved party may, no later than thirty (30) days from the entry of the order upon the proposed settlement, institute an adversary proceeding in Circuit Court pursuant to KRS 24A.120(2). Effective: September 1, 1998 History: Amended 1998 Ky. Acts ch. 517, sec. 11, effective September 1, 1998. -- Created 1992 Ky. Acts ch. 218, sec. 1, effective July 14, 1992. Legislative Research Commission Note (6/24/2003). Under the authority of KRS 7.136, the Reviser of Statutes has changed a reference in subsection (2) of this section from "KRS 24A.120(1)(b)" to "KRS 24A.120(2)."

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2011–2022 · leading case: Maratty v. Pruitt, 334 S.W.3d 107 (Ky. Ct. App. 2011).
Maratty v. Pruitt, 334 S.W.3d 107 (Ky. Ct. App. 2011). · cites it 8× “630 (periodic or final settlement in district court); and KRS 395.617 (proposed periodic or final settlement in district court).”
Debra Goff, Individually & as of Est. of Elbert Goff, Sr. v. Honorable Brian C. Edwards (Ky. 2022). · cites it 4× “3d 107 (analyzing KRS 395.617); and Privett v. Clendenin, 52 S.”
Est. of Phillis T. Worrall by James Worrall v. J.P. Morgan Bank, N.A., Tr. of the James P. Thompson Trust (Ky. 2022). “2011) (interpreting jurisdictional requirements of KRS 395.617). Thus, district judges are not to give these matters short shrift but are to accord them appropriate and due consideration.”
— Ky. Rev. Stat. § 395.617(1) — 2 cases
Maratty v. Pruitt, 334 S.W.3d 107 (Ky. Ct. App. 2011). “630 (periodic or final settlement in district court); and KRS 395.617 (proposed periodic or final settlement in district court).”
Debra Goff, Individually & as of Est. of Elbert Goff, Sr. v. Honorable Brian C. Edwards (Ky. 2022). “3d 107 (analyzing KRS 395.617); and Privett v. Clendenin, 52 S.”
— Ky. Rev. Stat. § 395.617(2) — 2 cases
Maratty v. Pruitt, 334 S.W.3d 107 (Ky. Ct. App. 2011). “630 (periodic or final settlement in district court); and KRS 395.617 (proposed periodic or final settlement in district court).”
Debra Goff, Individually & as of Est. of Elbert Goff, Sr. v. Honorable Brian C. Edwards (Ky. 2022). “3d 107 (analyzing KRS 395.617); and Privett v. Clendenin, 52 S.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.