A surety for an executor, administrator, guardian or curator, or for a sheriff to whom a decedent's estate has been transferred, shall be discharged from all liability to a distributee, devisee or ward when five (5) years have elapsed without suit after the cause of action accrued, and after the devisee, distributee or ward attained full age. But the failure of one to commence action in time shall not affect the right of another.
KRS 413.230
Sureties who are discharged after five years
Applied in 6 court decisions — leading case Curry v. Vanguard Insurance (1991)
Most recently applied in Gil Ruehl Mechanical, Inc. v. Hartford Fire Insurance Co. (December 2004)
Effective: July 15, 1980 History: Amended 1980 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.