Notwithstanding any other statute to the contrary, no cause of action on any claim not
otherwise barred by the provisions of KRS 396.011 and KRS 396.055(1), or any other
applicable statute of limitations, shall be brought against the personal representative or
against any distributee after the expiration of two (2) years from the date of the order of
discharge of the personal representative. The foregoing limitation shall not preclude an
action by any claimant against the personal representative or any distributee for fraud.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 420, sec. 2, effective July 15, 1998. -- Created
1988 Ky. Acts ch. 90, sec. 26, effective July 15, 1988.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 1998–2025 · leading case:
Batson v. Clark, 980 S.W.2d 566 (Ky. Ct. App. 1998).
Batson v. Clark, 980 S.W.2d 566 (Ky. Ct. App. 1998).
· cites it 2× “They would have been timely filed pursuant to KRS 396.205 ("limitation on actions not otherwise barred"), the pertinent portion of which is set out below: No cause of action on any claim not otherwise barred by the provisions of KRS 396.”
Underwood v. Underwood, 999 S.W.2d 716 (Ky. Ct. App. 1999).
“KRS 396.205. Although the requirement for presentation of claims to the personal representative and the statute of limitations are separate grounds, they are related under the circumstances of this case.”
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.