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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.
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