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KRS 395.040

Administrator -- Persons entitled to be appointed -- Discovery of will

Applied in 17 court decisions — leading case Modern Bakery, Inc. v. Brashear (1966)

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

Effective: July 15, 1982 History: Amended 1982 Ky

How often courts cite this section

1942196019802000201220
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.

(1) The court shall grant administration to the relations of the deceased who apply for administration, preferring the surviving husband or wife, or if the surviving husband or wife does not nominate a suitable administrator, then such others as are next entitled to distribution, or one (1) or more of them whom the court judges will best manage the estate.

(2) If no person mentioned in subsection (1) applies for administration within sixty (60) days from the death of an intestate, the court may grant administration to a creditor, or to any other person, in its discretion.

(3) No master or other commissioner whose duty it is to settle the accounts of a personal representative shall be appointed an administrator.

(4) If a will is afterwards produced and proved, the administration shall cease, and the court may grant a certificate of the probate of the will, or, in the proper case, letters of administration with the will annexed.

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