Download as PDF
396.075 Payment of claims.
(1)
(2)
Upon the expiration of six (6) months from the date of his appointment, the
personal representative may proceed to pay the claims allowed against the estate in
the order of priority prescribed, after making appropriate provision for exemptions
and allowances provided by law, for claims already presented which have not yet
been allowed and for unbarred claims which may yet be presented, including costs
and expenses of administration. By petition to the court in a proceeding for the
purpose, a claimant whose claim has been allowed but not paid as provided herein
may secure an order directing the personal representative to pay the claim to the
extent that funds of the estate are available for the payment.
The personal representative at any time may pay any just claim which has not been
barred, with or without formal presentation, but he is personally liable to any other
claimant whose claim is allowed and who is injured by such payment if:
(a) The payment was made before the expiration of the time limit stated in
subsection (1) of this section and the personal representative failed to require
the payee to give adequate security for the refund of any of the payment
necessary to pay other claimants; or
(b) The payment was made, due to the negligence or willful fault of the personal
representative, in such manner as to deprive the injured claimant of his
priority.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 90, sec. 13, effective July 15, 1988.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
