An action filed in the circuit court, pursuant to KRS § 394.240, shall not, unless taken within twelve (12) months from the entry of the district court’s order, prevent the appointment of an administrator or executor by the district court or the settlement, distribution, and division of the decedent‘s estate. The circuit court in which proceedings are pending may make an order restraining the further distribution and division of the estate. Should such a restraining order be made, the court may in its discretion require the plaintiffs to give bond as required by the Rules of Civil Procedure concerning injunctive relief in civil actions generally. Such an order shall not restrain administration of the estate other than as set out in the order.
Effective: January 2, 1978
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Terms Used In Kentucky Statutes 394.250

  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 362, effective January
2, 1978. — Amended 1974 Ky. Acts ch. 299, sec. 8. –Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4851.

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