KRS 395.050: Administrator with will annexed -- Appointment -- Functions.

(1) If no executor is appointed by the will, or if all the executors named in the will die,

refuse the executorship, or fail to provide surety bond if required by the court, the

court may grant administration with the will annexed to the person who would have

been entitled to administration if there had been no will, but a person whose

interests are antagonistic to the provisions of the will shall not be eligible to

appointment as administrator with the will annexed. Failure to provide surety bond

when required by the court shall amount to refusal to act as executor.

(2) An administrator with the will annexed shall possess and exercise all power and

authority, have the same rights and interest, and be responsible in like manner as the

executors named in it.