KRS 395.617: Proposed periodic or final settlement -- Requirements.
Where this section sits in the code
- KRS Chapter 395
(1) A fiduciary may, prior to filing a periodic or final settlement and prior to a
distribution of assets, file with the court a proposed periodic or final settlement
within the time prescribed for filing settlements in KRS 395.610.
(2) The proposed settlement shall be set for hearing, and in addition to the notice given
as provided in KRS 395.625 as for any other settlement, the fiduciary shall notify
all beneficiaries of the estate, other than nonresiduary legatees who have received
and receipted for their l egacies, by certified mail, return receipt requested, at least
twenty (20) days prior to the hearing date.
(3) The proposed settlement shall comply with the requirements for periodic and final
settlements in KRS 395.610, except the proposed settlement sha ll also indicate any
assets anticipated to be received subsequent to filing the proposed settlement and
prior to the filing of the periodic or final settlement and the proposed distribution of
all or a portion of the assets. Documentation supporting receip ts and past
disbursements shall not be required to be filed with the proposed settlement unless
ordered by the court if exceptions are filed.
(4) At the hearing, if no exceptions are filed, the proposal, if made according to law,
shall be approved. If exc eptions are filed, other evidence besides that reported may
be heard, and the court shall, upon the whole case, reject, confirm, alter, or amend
the proposal.
(5) Following the entry of an order approving, confirming, or amending the proposed
settlement, the fiduciary shall disburse the assets in accordance with the order.
Following the distribution, the fiduciary shall file a settlement accompanied by
documentation showing that distribution was effected in conformity with the order
approving, confirming, or amending.
(6) An aggrieved party may, no later than thirty (30) days from the entry of the order
upon the proposed settlement, institute an adversary proceeding in Circuit Court
pursuant to KRS 24A.120(2).
Collected 2026-09-05T20:59:27Z. Source file · JSON