KRS 394.295: Vacation or modification of judgment upon discovery of later will.

The court in which a judgment has been rendered shall have power to vacate or modify it

when any paper purporting to be the last will of any person has been, or may be hereafter

admitted to probate, and a later will has been discovered. A judgment on this ground,

however, shall not be vacated or modified, unless proceedings to that end shall be

instituted within ten (10) years after the death of the testator. If the earlier will shall have

been established by judgment of the Circuit Court, the proceedings t o vacate shall be

instituted in the Circuit Court. The proceedings to vacate shall be by petition to which all

persons interested in the earlier will shall be made defendants. Otherwise, the proceedings

to vacate shall be instituted in the District Court. Provided, however, that a judgment on

the ground herein named shall not be vacated or modified until the validity of such later

will has been determined in such proceedings. When such former judgment has been

vacated or modified such later will shall be ad mitted to probate in the manner and under

the laws governing the probation of wills before the expiration of five (5) years. The

judgment establishing such later will and vacating the judgment establishing the former

will shall be without prejudice to the vested rights of innocent third parties. The court in

which relief is sought for the reasons herein set out, may enter such orders as may be

necessary to protect the rights of the parties during the pendency of the proceedings.