Ky. Rev. Stat. » Chapter 413
Kentucky Revised Statutes

Ky. Rev. Stat. § 413.180 (2026)

Action by or against personal representative under KRS 413.090 to

✓ current as of May 2026
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413.160.

(1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160 dies before the expiration of the time limited for its commencement and the cause of action survives, the action may be brought by his personal representative after the expiration of that time, if commenced within one (1) year after the qualification of the representative.

(2) If a person dies before the time at which the right to bring any action mentioned in KRS 413.090 to 413.160 would have accrued to him if he had continued alive, and there is an interval of more than one (1) year between his death and the qualification of his personal representative, that representative, for purposes of this chapter, shall be deemed to have qualified on the last day of the one-year period. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 90, sec. 27, effective July 15, 1988. -- Amended 1974 Ky. Acts ch. 299, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2526, 2527, 2528.

Notes of Decisions
Cited in 35 cases (7 in the last 5 years), 1961–2026 · leading case: Conner v. George W. Whitesides Co., 834 S.W.2d 652 (Ky. 1992).
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Conner v. George W. Whitesides Co., 834 S.W.2d 652 (Ky. 1992). · cites it 60× “The first issue is whether KRS 413.180 applies to wrongful death claims.”
The Est. of Christina Wittich by & Through Judith Wittich & Frederick Wittich in Their Duly Appointed Capacities as Co-Adm'x & Co-Adm'r v. Michael Joseph Flick, 519 S.W.3d 774 (Ky. 2017). · cites it 4× “140(l)(a), we are led to KRS 413.180, which sets out limitations for an action by or against a personal representative.”
Gaither v. Commonwealth, 161 S.W.3d 345 (Ky. Ct. App. 2004). · cites it 12× “, 5 the Supreme Court examined KRS 413.180, which provides that certain actions brought by a personal representative are timely if commenced within one year after the qualification of the representative.”
Ragland v. Est. of Digiuro, 352 S.W.3d 908 (Ky. Ct. App. 2010). · cites it 4× “160 dies before the expiration of the time limited for its commencement and the cause of action survives, the action may be brought by his personal representative after the expiration of that time, if commenced within one year after the qualification of the representative.”
Se. Kentucky Baptist Hosp., Inc. v. Gaylor, 756 S.W.2d 467 (Ky. 1988). · cites it 5× “KRS 413.180. There is no statutory time limitation on the personal representative until qualification.”
Overstreet v. Kindred Nursing Centers Ltd. P'ship, 479 S.W.3d 69 (Ky. 2015). · cites it 3× “140, with the possible extension of an additional year pursuant to KRS 413.180. 4 In opposition, Overstreet argued that his action was timely filed because it was based upon a statutory cause of action, for which KRS 413.”
Everley v. Wright, 872 S.W.2d 95 (Ky. Ct. App. 1993). · cites it 7× “180 provides: *97 (1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.”
Bradford v. Bracken Cnty., 767 F. Supp. 2d 740 (E.D. Ky. 2011). · cites it 2× “Pursuant to KRS § 413.180 (as interpreted by Conner v.”
Nationwide Mut. Ins. Co v. Hatfield, 122 S.W.3d 36 (Ky. 2003). · cites it 2× “140; KRS 413.180. Mr. Hatfield also died prior to the filing of the appeal in this case.”
Ford v. Hill, 874 F. Supp. 149 (E.D. Ky. 1995). · cites it 8× “160 dies *152 before the expiration of the time limited for its commencement and the cause of action survives, the action may be brought by his personal representative after the expiration of that time, if commenced within one year after the qualification of the representative.”
Gailor v. Alsabi, 990 S.W.2d 597 (Ky. 1999). · cites it 2× “Nor does KRS 413.180 have any application to this case.”
Clark v. Hauck Mfg. Co., 910 S.W.2d 247 (Ky. 1995). “This was never available under the common law. KRS 411.130. In addition, it should be noted that the loss of consortium claim was filed untimely in this case.”
Show all 35 citing cases →
— Ky. Rev. Stat. § 413.180(1) — 14 cases
Conner v. George W. Whitesides Co., 834 S.W.2d 652 (Ky. 1992). “The first issue is whether KRS 413.180 applies to wrongful death claims.”
Se. Kentucky Baptist Hosp., Inc. v. Gaylor, 756 S.W.2d 467 (Ky. 1988). “KRS 413.180. There is no statutory time limitation on the personal representative until qualification.”
Totten v. Loventhal, 373 S.W.2d 421 (Ky. Ct. App. 1963).
Ford v. Hill, 874 F. Supp. 149 (E.D. Ky. 1995). “160 dies *152 before the expiration of the time limited for its commencement and the cause of action survives, the action may be brought by his personal representative after the expiration of that time, if commenced within one year after the qualification of the representative.”
Massie v. Persson, 729 S.W.2d 448 (Ky. Ct. App. 1987).
— Ky. Rev. Stat. § 413.180(2) — 8 cases
Conner v. George W. Whitesides Co., 834 S.W.2d 652 (Ky. 1992). “The first issue is whether KRS 413.180 applies to wrongful death claims.”
The Est. of Christina Wittich by & Through Judith Wittich & Frederick Wittich in Their Duly Appointed Capacities as Co-Adm'x & Co-Adm'r v. Michael Joseph Flick, 519 S.W.3d 774 (Ky. 2017). “140(l)(a), we are led to KRS 413.180, which sets out limitations for an action by or against a personal representative.”
Gaither v. Commonwealth, 161 S.W.3d 345 (Ky. Ct. App. 2004). “, 5 the Supreme Court examined KRS 413.180, which provides that certain actions brought by a personal representative are timely if commenced within one year after the qualification of the representative.”
Gray v. Commonwealth, Transp. Cabinet, Dep't of Highways, 973 S.W.2d 61 (Ky. Ct. App. 1997).
Est. of Harlow Stewart, by & Through Its Adm'x, Brittany D. Sexton (Aka Brittany D. Cook) v. Coy Alden Flowers, M.D. (Ky. Ct. App. 2026).
— Ky. Rev. Stat. § 413.180(3) — 3 cases
Kentucky-Virginia Stone Co. v. Ball, 426 S.W.2d 455 (Ky. Ct. App. 1968).
Witherspoon v. Salm, 346 S.W.2d 48 (Ky. Ct. App. 1961).
Dianna Lynn Davenport, in Her Capacity as Pers. Rep. of the Est. of Penny Ann Simmons v. Kindred Hospitals Ltd. P'ship D/B/A Kindred Hosp. - Louisville (Ky. 2024).
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