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KRS 395.005

Who may be appointed as fiduciary

Applied in 4 court decisions — leading case Gregory v. City of Lewisport (1963)

Most recently applied in GGNSC Stanford, LLC v. Rowe (September 2012)

Effective: July 15, 2024 History: Amended 2024 Ky

How often courts cite this section

19631970198019902000201210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The following persons may be appointed as fiduciary:

(1) Any resident of the state of Kentucky, over eighteen (18) years of age, except as set out in KRS 395.080;

(2) Any national bank located in Kentucky having fiduciary powers;

(3) Any state bank or trust company incorporated under the laws of this state and authorized by law to act as fiduciary;

(4) To the extent permitted pursuant to KRS 286.3-146 and 286.3-920(5), any bank or trust company organized under the laws of a state other than Kentucky; and (5) Any nonresident of legal age who is as to the decedent, ward, or incompetent, related by consanguinity, marriage, adoption or the spouse of such person so related.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.