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396.055 Allowance or disallowance of claims -- Notice -- Effect.
(1)
(2)
(3)
As to claims presented in the manner described in KRS 396.015 within the
time limit prescribed in KRS 396.011, the personal representative may mail a
notice to any claimant stating that the claim has been allowed or disallowed. If,
after allowing or disallowing a claim, the personal representative changes his
decision concerning the claim, he shall notify the claimant. The personal
representative may not change a disallowance of a claim after the time for the
claimant to commence an action on the claim has run and the claim has been
barred. Every claim which is disallowed in whole or in part by the personal
representative is barred so far as not allowed unless the claimant commences
an action against the personal representative not later than sixty (60) days after
the mailing of the notice of disallowance or partial allowance if the notice warns
the claimant of the impending bar. Failure of the personal representative to
mail notice to a claimant of action on his claim for sixty (60) days after the time
for original presentation of the claim has expired has the effect of a notice of
allowance, except that upon petition of the personal representative and upon
notice to the claimant, the court at any time before payment of such claim may
for cause shown permit the personal representative to disallow such claim.
A judgment against a personal representative to enforce a claim against a
decedent's estate is an allowance of the claim.
In the case of a disallowance of a claim which has not matured or which is
contingent or unliquidated, the personal representative may consent to an
extension of the sixty (60) day period imposed by subsection (1) of this section
for the commencement of an action on a disallowed claim, or to avoid injustice,
the court, on petition, may order an extension of the sixty (60) day period, but
in no event shall the extension run beyond the applicable statute of limitations.
Effective:July 15, 1988
History: Created 1988 Ky. Acts ch. 90, sec. 11, effective July 15, 1988.
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