Two (2) months must run after the date of the qualification of the first personal representative of a decedent's estate before an action shall be commenced against any executor or administrator thereof, except against an executor de son tort. Any action brought in violation of this section shall be dismissed with costs, except that an alleged creditor whose claim has been denied in writing by the fiduciary may commence action immediately after receipt of such denial.
KRS 395.270
When action against representative may be commenced
Applied in 3 court decisions — leading case Kentucky-Virginia Stone Co. v. Ball (1968)
Most recently applied in Hatchinson Estate v. Reyes (July 1986)
Effective: July 15, 1988 History: Amended 1988 Ky
How often courts cite this section
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.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.