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395.470 Dispensing with administration by agreement.
(1)
(2)
(3)
(4)
(5)
Administration of the estate of a person dying intestate may be dispensed with
by agreement if there are no debts owing by the estate; all persons beneficially
entitled to the personal estate have agreed in writing that there shall be no
administration; and either there are no claims or demands due the estate, or
the written agreement to dispense with administration designates a trustee with
power to collect claims and demands.
The written agreement provided in subsection (1) shall be acknowledged by
the parties and filed in the District Court together with the motion of the parties
for an order dispensing with administration. If the court is satisfied by affidavit
or otherwise that the conditions prescribed in subsection (1) exist, it shall enter
an order dispensing with administration. If the written agreement of the
beneficiaries designates a trustee to collect claims or demands, the order shall
confirm the designation and the person so designated shall have the same
right to sue for and collect claims and demands that an administrator has.
The District Court shall be satisfied that provision has been made for the state
inheritance tax and the United States estate tax.
The persons applying for an order dispensing with administration shall
advertise for creditors of the intestate to appear and present their claims to
some person at the county seat. The person and place shall be designated in
the advertisement. The advertisement shall also give notice when, where and
by whom the order dispensing with administration will be applied for. The
advertisement shall be posted at the courthouse door for six (6) weeks, and
published pursuant to KRS Chapter 424. The order dispensing with
administration shall not be granted until the persons applying for the order file
in the District Court the affidavit of one (1) of them showing that advertisement
for creditors has been made.
The persons applying for the order dispensing with administration shall, before
the order is entered, give bond with surety in the amount of the personal estate
for the benefit of any creditors who, within six (6) months from the order
dispensing with administration, appear and file their claims with the court clerk.
This bond shall be approved by the District Court and shall run to the state for
the benefit of those creditors and be conditioned to be void if none of them files
his claim with the clerk within six (6) months from the date of the order
dispensing with administration.
Effective:July 15, 1982
History: Amended 1982 Ky. Acts ch. 277, sec. 18, effective July 15, 1982. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 392, effective January 2,
1978. -- Amended 1966 Ky. Acts ch. 239, sec. 225. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3897-2.
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