Ky. Rev. Stat. » Chapter 396

Ky. Rev. Stat. § 396.015

Method of presentation of claims

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Claims against a decedent's estate shall be presented as follows: (1) The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court. If presentment shall be made by filing a written statement of the claim with the clerk of the court, the claimant shall certify as provided in the rules of civil procedure that a copy of the written statement has been given or mailed to the personal representative and his attorney. The claim shall be deemed presented on the first to occur of receipt of the written statement of claim by the personal representative, or the filing of the claim with the court. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made. (2) In an action pending against the decedent at the time of his death, which action survives at law, the substitution of the personal representative for the decedent, or motion therefor, shall constitute the presentation of a claim. Such claim shall be deemed to have been presented from the time of substitution, or motion therefor. Effective: July 15, 1988 History: Created 1988, Ky. Acts ch. 90, sec. 7, effective July 15, 1988.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1998–2023 · leading case: Batson v. Clark
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Batson v. Clark (1998) kyctapp · cites it 8× “011); (2) the claims were not correctly filed (KRS 396.015); and, (3) the time had expired for the filing of litigation against Margaret's estate (KRS 396.”
Underwood v. Underwood (1999) kyctapp · cites it 6× “035, which mandates that “[n]o action shall be brought against a personal representative on a claim against decedent’s estate unless the claimant shall have first presented his claim in the manner described by KRS 396.015.” As noted by the trial court, Agnes failed to allege…”
Commonwealth Bank & Trust Co. v. Young (2012) kyctapp “011 and KRS 396.015. The affidavit alleged claims against William’s estate and over-distributions by National City, acting as executor of Virginia’s estate and as trustee of Virginia’s trusts, to William during his lifetime.”
Blackwell v. Blackwell (2012) kyctapp · cites it 3× “055(1), which reads in full as follows: As to claims presented in the manner described in KRS 396.015 within the time limit prescribed in KRS 396.”
Patterson v. Estate of Boone (2003) kyctapp “055(1), which provides in its entirety: As to claims presented in the manner described in KRS 396.015 within the time limit prescribed in KRS 396.”
Billy Michael Martin, in His Capacity as of the Estate of Billy Martin v. Brenda Martin (2022) kyctapp · cites it 4× “KRS 396.015 sets forth the method of presenting claims against the estate.”
Deloris Peterson v. Estate of Charles Dennis, Kay Alvey, Administratrix (2023) kyctapp · cites it 4× “035 and KRS 396.015. The trial court also found that Deloris had failed to present a claim against Charles’s Estate as the statutes require.”
James D. Jarboe v. Markley M. Meister, as Co-Administrator of the Estate of Richard Jarboe (2023) kyctapp · cites it 3× “011, but instead focused on the presentation of claim requirements in KRS 396.015 and 396.035. The circuit court highlighted the following provided in KRS 395.”
Steve Gregory v. Brandon Hardgrove (2018) ky · cites it 2× “3 Under KRS 396.015(2), a separate proof a claim was unnecessary since Gregory’s action was pending at the time of death and substitution of the personal representative, or motion therefore, constituted presentment of the claim.”
— Ky. Rev. Stat. § 396.015(1) — 3 cases
Underwood v. Underwood (1999) kyctapp “035, which mandates that “[n]o action shall be brought against a personal representative on a claim against decedent’s estate unless the claimant shall have first presented his claim in the manner described by KRS 396.015.” As noted by the trial court, Agnes failed to allege…”
Billy Michael Martin, in His Capacity as of the Estate of Billy Martin v. Brenda Martin (2022) kyctapp “KRS 396.015 sets forth the method of presenting claims against the estate.”
Deloris Peterson v. Estate of Charles Dennis, Kay Alvey, Administratrix (2023) kyctapp “035 and KRS 396.015. The trial court also found that Deloris had failed to present a claim against Charles’s Estate as the statutes require.”
— Ky. Rev. Stat. § 396.015(2) — 2 cases
Underwood v. Underwood (1999) kyctapp “035, which mandates that “[n]o action shall be brought against a personal representative on a claim against decedent’s estate unless the claimant shall have first presented his claim in the manner described by KRS 396.015.” As noted by the trial court, Agnes failed to allege…”
Steve Gregory v. Brandon Hardgrove (2018) ky “3 Under KRS 396.015(2), a separate proof a claim was unnecessary since Gregory’s action was pending at the time of death and substitution of the personal representative, or motion therefore, constituted presentment of the claim.”
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