Kentucky Revised Statutes

Ky. Rev. Stat. § 396.035 (2026)

Limitation on commencement of action on claim

✓ current as of May 2026

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No 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 in KRS 396.015. The foregoing limitation shall be in addition to that limitation on the commencement of an action against a personal representative set forth in KRS 395.270. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 90, sec. 9, effective July 15, 1988.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1998–2023 · leading case: Underwood v. Underwood, 999 S.W.2d 716 (Ky. Ct. App. 1999).

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Underwood v. Underwood, 999 S.W.2d 716 (Ky. Ct. App. 1999). · cites it 7× “KRS 396.035. Finally, the executrix again argued that the Franklin Circuit Court lacked subject matter *719 jurisdiction over the claim because the claim should have been asserted against the estate in the Oldham Circuit Court action.”

Batson v. Clark, 980 S.W.2d 566 (Ky. Ct. App. 1998). · cites it 2× “KRS 396.035 states in part 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 [to the personal representative] in the manner described in KRS 396.”

Bagby v. Koch, 98 S.W.3d 521 (Ky. Ct. App. 2002). “011(1) and KRS 396.035, we need not reach that analysis.”

Deloris Peterson v. Est. of Charles Dennis, Kay Alvey, Adm'x (Ky. Ct. App. 2023). · cites it 3× “The trial court explained that Deloris “could not file an action against anyone” until she had first presented a claim in accordance with KRS 396.035 and KRS 396.015. The trial court also found that Deloris had failed to present a claim against Charles’s Estate as the statutes…”

James D. Jarboe v. Markley M. Meister, as Co-Adm'r of the Est. of Richard Jarboe (Ky. Ct. App. 2023). · cites it 2× “” The circuit court also pointed out that KRS 396.035 “requires a claimant against an estate to file a written statement of the claim with the personal representative prior to bringing an action on that claim.”

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