Kentucky Statutes 396.011 – Presentation of claims against estate — Time limitations — Exceptions
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(1) All claims against a decedent‘s estate which arose before the death of the decedent, excluding claims of the United States, the State of Kentucky and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees, unless presented within six (6) months after the appointment of the personal representative, or where no personal representative has been appointed, within two (2) years after the decedent’s death.
(2) Nothing in this section shall affect or prevent:
(a) To the extent of the security only, any proceeding to enforce any mortgage, pledge, lien or other security interest securing an obligation of the decedent or upon property of the estate; or
(b) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 71, sec. 1, effective June 29, 2021. — Amended
2020 Ky. Acts ch. 25, sec. 8, effective July 15, 2020. — Created 1988 Ky. Acts ch.
90, sec. 6, effective July 15, 1988.
(2) Nothing in this section shall affect or prevent:
Terms Used In Kentucky Statutes 396.011
- Contract: A legal written agreement that becomes binding when signed.
- Decedent: A deceased person.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- 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.
(a) To the extent of the security only, any proceeding to enforce any mortgage, pledge, lien or other security interest securing an obligation of the decedent or upon property of the estate; or
(b) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 71, sec. 1, effective June 29, 2021. — Amended
2020 Ky. Acts ch. 25, sec. 8, effective July 15, 2020. — Created 1988 Ky. Acts ch.
90, sec. 6, effective July 15, 1988.