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396.015 Method of presentation of claims.
Claims against a decedent's estate shall be presented as follows:
(1) The claimant may deliver or mail to the personal representative a written statement
of the claim indicating its basis, the name and address of the claimant, and the
amount claimed, or may file a written statement of the claim, in the form prescribed
by rule, with the clerk of the court. If presentment shall be made by filing a written
statement of the claim with the clerk of the court, the claimant shall certify as
provided in the rules of civil procedure that a copy of the written statement has been
given or mailed to the personal representative and his attorney. The claim shall be
deemed presented on the first to occur of receipt of the written statement of claim
by the personal representative, or the filing of the claim with the court. If a claim is
not yet due, the date when it will become due shall be stated. If the claim is
contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim
is secured, the security shall be described. Failure to describe correctly the security,
the nature of any uncertainty, and the due date of a claim not yet due does not
invalidate the presentation made.
(2) In an action pending against the decedent at the time of his death, which action
survives at law, the substitution of the personal representative for the decedent, or
motion therefor, shall constitute the presentation of a claim. Such claim shall be
deemed to have been presented from the time of substitution, or motion therefor.
Effective: July 15, 1988
History: Created 1988, Ky. Acts ch. 90, sec. 7, effective July 15, 1988.
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