Kentucky Revised Statutes

Ky. Rev. Stat. § 413.230 (2026)

Sureties who are discharged after five years

✓ current as of May 2026

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A surety for an executor, administrator, guardian or curator, or for a sheriff to whom a decedent's estate has been transferred, shall be discharged from all liability to a distributee, devisee or ward when five (5) years have elapsed without suit after the cause of action accrued, and after the devisee, distributee or ward attained full age. But the failure of one to commence action in time shall not affect the right of another. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 259, sec. 28, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 299, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2550.

Notes of Decisions

Cited in 6 cases, 1945–2004 · leading case: Commonwealth, Nat. Resources & Env't Prot. Cabinet v. Kentucky Ins. Guar. Ass'n, 972 S.W.2d 276 (Ky. Ct. App. 1997).

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Commonwealth, Nat. Resources & Env't Prot. Cabinet v. Kentucky Ins. Guar. Ass'n, 972 S.W.2d 276 (Ky. Ct. App. 1997). · cites it 2× “220(3): A surety in any obligation or contract, other than those provided for in KRS 413.230, shall be discharged from all liability on it unless suit is brought on it within seven (7) years after the cause of action accrues.”

Gil Ruehl Mech., Inc. v. Hartford Fire Ins. Co., 164 S.W.3d 512 (Ky. Ct. App. 2004). “(3) A surety in any obligation or contract, other than those provided for in KRS 413.230, shall be discharged from all liability on it unless suit is brought on it within seven (7) years after the cause of action accrues.”

Ellis v. Anderson, 901 S.W.2d 46 (Ky. Ct. App. 1995). “10 and borrowed by Kentucky under KRS 413.230 within which Ellis was required to sue upon his cause of action for bodily injury.”

Louisville Trust Co. v. Smith, 192 F. Supp. 396 (W.D. Ky. 1961). “” and § 413.230 Kentucky Revised Statutes (Carroll’s Ky.”

Rison v. Shepherd, 186 S.W.2d 648 (Ky. Ct. App. 1945). · cites it 2× “They further pleaded in bar of the action KRS 413.230 (the five year statute of limitation as to sureties on bonds of personal representatives) ; 413.”

Lipski v. Brooks, 219 S.W.2d 1000 (Ky. Ct. App. 1949). “220(3), which reads: “A surety in any obligation or contract, other than those provided for in KRS 413.230, shall be discharged from all liability on it unless suit is brought on it within seven years after the cause of action accrues.”

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