Kentucky Statutes 395.625 – Notice requirements for filing of settlement — Exception
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Not less than ten (10) days prior to the date of hearing, the clerk shall cause notice of the filing of a settlement to be published pursuant to KRS Chapter 424, stating the name of the fiduciary, the trust, the nature of the account and the date of hearing, with a statement that exceptions must be filed before that time; except that with the court’s approval the fiduciary may, in lieu of such publication, send a written notice thereof to all unpaid creditors and distributees, which notice shall be mailed at least ten (10) days before said date of hearing. The fiduciary in such cases shall file his affidavit that such notice has been mailed. The actual cost of the notice, or the proportionate part thereof, if more than one (1) settlement, shall be taxed as costs. If the value of the trust or estate is not more than two thousand five hundred dollars ($2,500) and the assets of the trust or estate are held in an account that may be accessed only upon order of the court, the provisions of this section shall not apply to settlements involving that trust or estate.
Effective: June 21, 2001
History: Amended 2001 Ky. Acts ch. 21, sec. 1, effective June 21, 2001. — Created
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 373, effective January 2, 1978.
Effective: June 21, 2001
Terms Used In Kentucky Statutes 395.625
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fiduciary: A trustee, executor, or administrator.
- fiduciary: as used in this chapter :
(1) Means any person, association, or corporation meeting the requirements of KRS
395. See Kentucky Statutes 395.001 - 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 2001 Ky. Acts ch. 21, sec. 1, effective June 21, 2001. — Created
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 373, effective January 2, 1978.