KRS 395.040: Administrator -- Persons entitled to be appointed -- Discovery of will.

(1) The court shall grant administration to the relations of the deceased who apply for

administration, preferring the surviving husband or wife, or if the surviving husband

or wife does not nominate a suitable administrator, then such others as are next

entitled to distribution, or one (1) or more of them whom the court judges will best

manage the estate.

(2) If no person mentioned in subsection (1) applies for administration within sixty (60)

days from the death of an intestate, the court may grant administ ration to a creditor,

or to any other person, in its discretion.

(3) No master or other commissioner whose duty it is to settle the accounts of a

personal representative shall be appointed an administrator.

(4) If a will is afterwards produced and proved , the administration shall cease, and the

court may grant a certificate of the probate of the will, or, in the proper case, letters

of administration with the will annexed.