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395.015 Applications for appointment of personal representative.
(1)
(2)
Before being appointed as executor, administrator, curator, or administrator
with the will annexed, every person shall make and file in duplicate a written
application under oath, which must state the names of the deceased's surviving
spouse and all of his heirs-at-law or such as are known, their post office
address if known, the date of death and also a statement in general terms as to
what the estate consists of and the probable value of the personal and real
estate and also a statement of any indebtedness owing by the applicant to the
deceased. The foregoing requirement in respect to names and addresses of
heirs-at-law may be omitted when the application is being made by the
executor named in the will unless requested by the court. The application of a
nonresident shall include the designation of a resident of the county where
administration is pending as his agent for the service of process in any action
against him as personal representative or personally, provided that such
personal action must have accrued in the administration of the estate. A
duplicate copy of said application shall be mailed by the clerk to the secretary
of revenue of the State of Kentucky.
In the case of intestacy, or where an administrator with will annexed or de
bonis non is to be appointed, if there be no surviving spouse, or if such spouse
waives the right of appointment or is not qualified to act and does not nominate
a suitable administrator and there is more than one (1) resident heir-at-law
entitled to appointment, the court shall thereupon set a time for hearing such
application. Notice of said hearing shall be given to the surviving spouse and
all known heirs of the deceased residing in the state, or elsewhere, in the
manner provided in KRS 395.016.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 382, effective
January 2, 1978. -- Amended 1974 Ky. Acts ch. 299, sec. 13. -- Amended 1972
Ky. Acts ch. 168, sec. 15. -- Amended 1970 Ky. Acts ch. 29, sec. 2. -- Amended
1968 Ky. Acts ch. 200, sec. 7. -- Created 1942 Ky. Acts ch. 167, sec. 5.
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