KRS 395.120: Oaths of representatives.
Where this section sits in the code
- KRS Chapter 395
(1) If the court requires a hearing for the appointment of the fiduciary, each executor,
administrator, curator, and administrator with the will annexed or de bonis non shall
take an oath before the court in which the application for appointment is made to
faithfully perform the duties of his or her office to the best of his or her judgment.
(2) (a) The oaths required of the executor, administrator, curator, and administrator
with the will annexed or de bonis non may be satisfied by execution of the
following declaration:
"1. I, the undersigned, agree to faithfully perform the duties of the office as
required by law, including but not limited to:
a. Deposit all funds which come into my hands in a lawful depository
located within this Commonwealth and provide canceled checks as
may be required to prove accounts;
b. Keep estate funds in separate estate accounts at all times during
the administration of the estate;
c. Invest all funds in a lawful manner;
d. Make and file all required documents when due as required by
law;
e. File all tax documents as required by law;
f. Maintain adequate insurance to reasonably protect any property
that I may hold as a fiduciary; and
g. Obey all orders of the court;
2. I, the undersigned, understand I am subject to removal as the fiduciary if
I fail to perform the duties required of me under the laws of this state
and that I am subject to possible fines, and civil and criminal penalties
for improper conversion of the property that I hold as fiduciary; and
3. If applicable, I, the undersigned, declare that my intestate, so far as I
know or believe, died without leaving a will."
(b) The oath sworn or affirmed in the presence of a notary public, or the
declaration if authori zed by the court, shall be presented to the appropriate
clerk of the court with the fiduciary's application for appointment.
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