395.617 Proposed settlement.
(1) A fiduciary may, prior to filing a periodic or final settlement and prior to a
distribution of assets, file with the court a proposed settlement. The proposed <br>settlement shall be set for hearing and notice given as for any other settlement <br>except that beneficiaries of the estate, other than nonresiduary legatees who have <br>received and receipted for their legacies, shall also receive notice from the fiduciary <br>by certified mail, return receipt requested, at least twenty (20) days prior to the <br>hearing date. The proposed settlement shall set forth all assets and disbursements <br>previously made, shall indicate assets on hand and anticipated to be received <br>subsequent to the date of the proposed settlement and prior to the filing of the <br>periodic or final settlement, and shall further indicate the manner in which the <br>remaining and anticipated assets are proposed to be distributed. The proposal may <br>set forth which assets are to be distributed in kind and to whom and which assets <br>may be liquidated for distribution of cash or for payment of debts, costs of <br>administration, or pecuniary legacies. The proposal may also indicate claims <br>proposed to be allowed or disallowed, in whole or in part, and may also indicate <br>fees and commissions proposed to be paid to the fiduciary and his attorney. The <br>inclusion of evidence and vouchers to accompany the proposal shall not be <br>necessary unless required by the court upon exceptions filed. At the hearing, if no <br>exceptions are filed, the proposal, if made according to law, shall be approved. If <br>exceptions are filed, other evidence besides that reported may be heard, and the <br>court shall, upon the whole case, reject, confirm, alter, or amend the proposal. <br>Following the entry of an order of approval or of an order of amendment, the <br>fiduciary shall disburse the assets in accordance therewith. Following the <br>distribution, the fiduciary shall file a settlement accompanied by evidence and <br>vouchers showing that distribution was effected in conformity with the court order. <br>If it appears to the court that the distribution was in conformity, the court shall <br>confirm the settlement and, if the settlement is final, discharge the fiduciary and his <br>surety without further hearing or notice to any person.
(2) An aggrieved party may, no later than thirty (30) days from the entry of the order
upon the proposed settlement, institute an adversary proceeding in Circuit Court <br>pursuant to KRS 24A.120(2).
Effective: September 1, 1998 <br>History: Amended 1998 Ky. Acts ch. 517, sec. 11, effective September 1, 1998. --
Created 1992 Ky. Acts ch. 218, sec. 1, effective July 14, 1992.
Legislative Research Commission Note (6/24/2003). Under the authority of KRS
7.136, the Reviser of Statutes has changed a reference in subsection (2) of this <br>section from "KRS 24A.120(1)(b)" to "KRS 24A.120(2)."
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