Kentucky Statutes 395.270 – When action against representative may be commenced
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Two (2) months must run after the date of the qualification of the first personal representative of a decedent‘s estate before an action shall be commenced against any executor or administrator thereof, except against an executor de son tort. Any action brought in violation of this section shall be dismissed with costs, except that an alleged creditor whose claim has been denied in writing by the fiduciary may commence action immediately after receipt of such denial.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 90, sec. 5, effective July 15, 1988. — Amended
1970 Ky. Acts ch. 257, sec. 2. — Amended 1942 Ky. Acts ch. 167, sec. 15. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3847.
Effective: July 15, 1988
Terms Used In Kentucky Statutes 395.270
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
History: Amended 1988 Ky. Acts ch. 90, sec. 5, effective July 15, 1988. — Amended
1970 Ky. Acts ch. 257, sec. 2. — Amended 1942 Ky. Acts ch. 167, sec. 15. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3847.