KRS 395.390: Circumstances requiring public administrator and guardian to act --

Discretion of District Court in absence of public administrator and guardian.

(1) (a) The District Court of a county which has a public administrator and guardian

shall, after the expiration of sixty (60) days from the death of the decedent,

order the public administrator and guardian to administer the estate of the

decedent where:

1. The surviving spouse and heirs waive their right to be appointed;

2. The surviving spouse does not nominate a suitable administrator;

3. Any of the persons designated in KRS 395.040 are unable or found to be

incapable of handling or managing the estate; or

4. From any other cause there is no personal representative.

(b) If there is no public admi nistrator and guardian, the court shall use its

discretion to appoint an administrator to administer the estate.

(2) (a) The District Court shall also confide to the public administrator and guardian

the care and control of the persons and estates of all m inors when it appears

that a minor has no testamentary guardian and no one will apply for

appointment, or serve, as guardian.

(b) If there is no public administrator and guardian, the court shall use its

discretion to appoint a guardian to serve under this subsection.