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379.170 Circuit court has jurisdiction of action for settlement of estate.
(1)
(2)
The provisions of KRS 379.010 to 379.160 shall not prevent an action to settle
an estate by the assignee, or by any creditor or creditors representing
one-fourth (1/4) of the liabilities, from being brought in the Circuit Court. When
an action involving a settlement of the estate is brought in the Circuit Court of
the county in which the assignment was made, the jurisdiction of the District
Court shall cease, and all papers relating to the estate filed in the District Court
shall be transferred by the clerk of the Circuit Court to the files of the Circuit
Court. The Circuit Court may exercise any power conferred on the District
Court by KRS 379.010 to 379.160 in administering and settling the assigned
estate.
The assignee may sell the personal and real property belonging to the
assigned estate, at public or private sale, and convey and pass all the right and
title to the same which the grantor had in the deed of assignment at its date.
The assignee shall, within ten (10) days after the sale, report the sale to the
Circuit Court in which the suit for settlement of the estate is pending. The report
shall thereupon be laid over ten (10) days for exceptions, and if no exceptions
are filed within that time the report shall thereupon be confirmed. If exceptions
are filed, they shall be heard and determined by the court.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 301, effective
January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October
1, 1942, from Ky. Stat. sec. 96.
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