KRS 395.020: Executor not to act until will probated, surety bond executed, and oath

taken or declaration made -- Exception.

(1) The person named in a will as executor shall not act as executor to any extent until:

(a) The will or an authenticated copy of the will is admitted to probate;

(b) He or she has presented an executed surety bond when required under KRS

395.130; and

(c) He or she has taken an oath in the court in which the record is made, or if no

hearing is required by the court for appointment, has filed with the court in

which the record is made the declaration executed under penalty of perjury in

accordance with KRS 395.120.

(2) The person named in a will as executor may, however, provide for the burial of the

testator, pay the reasonable funer al expenses, and take care of and preserve the

estate.