Public-domain · open source
OpenJurist

KRS 395.050

Administrator with will annexed -- Appointment -- Functions

Applied in 6 court decisions — leading case Cosby v. Hays (1953)

Most recently applied in Pitts v. Estate of Gilbert (June 1984)

Effective: October 1, 1942 History: Recodified 1942 Ky

How often courts cite this section

19481950196019701980198410
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) If no executor is appointed by the will, or if all the executors named in the will die, refuse the executorship or fail to give bond the court may grant administration with the will annexed to the person who would have been entitled to administration if there had been no will, but no person shall be eligible to appointment as administrator with the will annexed whose interests are antagonistic to the provisions of the will. Failure to give bond shall amount to refusal to act as executor.

(2) An administrator with the will annexed shall possess and exercise all power and authority, have the same rights and interest and be responsible in like manner as the executors named in it.

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