Ky. Rev. Stat. » Chapter 396
Kentucky Revised Statutes

Ky. Rev. Stat. § 396.011 (2026)

Presentation of claims against estate -- Time limitations -- Exceptions

✓ current as of May 2026
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(1) All claims against a decedent's estate which arose before the death of the decedent, excluding claims of the United States, the State of Kentucky and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees, unless presented within six (6) months after the appointment of the personal representative, or where no personal representative has been appointed, within two (2) years after the decedent's death.

(2) Nothing in this section shall affect or prevent: (a) To the extent of the security only, any proceeding to enforce any mortgage, pledge, lien or other security interest securing an obligation of the decedent or upon property of the estate; or (b) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 71, sec. 1, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 25, sec. 8, effective July 15, 2020. -- Created 1988 Ky. Acts ch. 90, sec. 6, effective July 15, 1988.

Notes of Decisions
Cited in 19 cases (5 in the last 5 years), 1998–2023 · leading case: Batson v. Clark, 980 S.W.2d 566 (Ky. Ct. App. 1998).
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Batson v. Clark, 980 S.W.2d 566 (Ky. Ct. App. 1998). · cites it 34× “I believe the claim is barred by the applicable statute of limitations as set out in KRS 396.011. Please notify your clients of this disallowance.”
Gailor v. Alsabi, 990 S.W.2d 597 (Ky. 1999). · cites it 8× “" Appellee notes that his amended complaint was filed within six months after the appointment of the public administrator.”
Underwood v. Underwood, 999 S.W.2d 716 (Ky. Ct. App. 1999). · cites it 7× “Subsequently, on January 5,1998, the executrix filed a second motion to dismiss, alleging that the claim was untimely under KRS 396.011. She also asserted that the claim was barred because Agnes had failed to present a demand for payment to the personal representative.”
Blackwell v. Blackwell, 372 S.W.3d 874 (Ky. Ct. App. 2012). · cites it 8× “015 within the time limit prescribed in KRS 396.011, the personal representative may mail a notice to any claimant stating that the claim has been allowed or disallowed.”
Hoskins v. Beatty, 343 S.W.3d 639 (Ky. Ct. App. 2011). “…before the death of the decedentf]” Here, the claim against Lorene did not arise until after Claudia died. Therefore, KRS 396.011 is inapplicable.”
Commonwealth Bank & Trust Co. v. Young, 361 S.W.3d 344 (Ky. Ct. App. 2012). “Because William was deceased, the children’s claims were presented to the executor of his estate, National City, within six months of its appointment as required by KRS 396.011 and KRS 396.015. The affidavit alleged claims against William’s estate and over-distributions by…”
DeMoisey v. River Downs Inv. Co., 159 S.W.3d 820 (Ky. Ct. App. 2005). · cites it 2× “Under KRS 396.011, claims must be presented within six months after the appointment of the personal representative.”
Bagby v. Koch, 98 S.W.3d 521 (Ky. Ct. App. 2002). “While the trial court dismissed this action as untimely presented under KRS 396.011(1) and KRS 396.035, we need not reach that analysis.”
Patterson v. Est. of Boone, 150 S.W.3d 58 (Ky. Ct. App. 2003). “015 within the time limit prescribed in KRS 396.011, the personal representative may mail a notice to any claimant stating that the claim has been allowed or disallowed.”
James D. Jarboe v. Markley M. Meister, as Co-Adm'r of the Est. of Richard Jarboe (Ky. Ct. App. 2023). · cites it 15× “In other words, he asserts his claims did not arise before the death of Richard and, therefore, KRS 396.011 and the associated presentation of claims requirements are inapplicable.”
Brandon Mills v. Ricky Mills Individually (Ky. Ct. App. 2020). · cites it 6× “515, and Commercial Bank’s and Hazel Enterprises’ -9- claims were not time-barred by KRS 396.011. Second, the circuit court found the estate was entitled to recover natural gas royalties paid to Brandon from June 2012 through February 2018.”
Donna Powers v. Kentucky Farm Bureau Mut. Ins. Co. (Ky. Ct. App. 2022). · cites it 4× “”10 Our Supreme Court rejected the same core argument in Williams: Williams states that her claim was timely filed under [KRS 396.011] because it was filed one day after the administratrix was appointed.”
Show all 19 citing cases →
— Ky. Rev. Stat. § 396.011(1) — 11 cases
Batson v. Clark, 980 S.W.2d 566 (Ky. Ct. App. 1998). “I believe the claim is barred by the applicable statute of limitations as set out in KRS 396.011. Please notify your clients of this disallowance.”
Gailor v. Alsabi, 990 S.W.2d 597 (Ky. 1999). “" Appellee notes that his amended complaint was filed within six months after the appointment of the public administrator.”
Underwood v. Underwood, 999 S.W.2d 716 (Ky. Ct. App. 1999). “Subsequently, on January 5,1998, the executrix filed a second motion to dismiss, alleging that the claim was untimely under KRS 396.011. She also asserted that the claim was barred because Agnes had failed to present a demand for payment to the personal representative.”
Blackwell v. Blackwell, 372 S.W.3d 874 (Ky. Ct. App. 2012). “015 within the time limit prescribed in KRS 396.011, the personal representative may mail a notice to any claimant stating that the claim has been allowed or disallowed.”
Bagby v. Koch, 98 S.W.3d 521 (Ky. Ct. App. 2002). “While the trial court dismissed this action as untimely presented under KRS 396.011(1) and KRS 396.035, we need not reach that analysis.”
— Ky. Rev. Stat. § 396.011(2) — 1 case
Angela Jackson v. Est. of Gary Day (Ky. 2020).
— Ky. Rev. Stat. § 396.011(2)(a) — 2 cases
Brandon Mills v. Ricky Mills Individually (Ky. Ct. App. 2020). “515, and Commercial Bank’s and Hazel Enterprises’ -9- claims were not time-barred by KRS 396.011. Second, the circuit court found the estate was entitled to recover natural gas royalties paid to Brandon from June 2012 through February 2018.”
Jp Morgan Mortg. Acquisition Corp. v. Bryan C. Hix, Adm'r of the Est. of John R. Ferguson, Jr. (Ky. Ct. App. 2023).
— Ky. Rev. Stat. § 396.011(2)(b) — 1 case
Gailor v. Alsabi, 990 S.W.2d 597 (Ky. 1999). “" Appellee notes that his amended complaint was filed within six months after the appointment of the public administrator.”
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