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Kentucky · Snapshot 09/05/2026

KRS 396.185: Liability of personal representative.

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Where this section sits in the code
  1. KRS Chapter 396

(1) Unless otherwise provided in the contract, a personal representative is not

individually liable on a contract properly entered into in his fiduciary capacity in the

course of administration of the estate unless he fails to reveal his representative

capacity and identify the estate in the contract.

(2) A personal representative is individually liable for obligations arising from

ownership or control of the estate or for torts committed in the course of

administration of the estate only if he is personally at fault.

(3) Claims based on contracts entered into by a personal representative in his fiduciary

capacity, on obligations arising from ownership or control of the estate or on torts

committed in the course of estate administration may be asserted against t he estate

by proceeding against the personal representative in his fiduciary capacity, whether

or not the personal representative is individually liable therefor.

(4) Issues of liability as between the estate and the personal representative individually

may be determined in a proceeding for accounting, surcharge or indemnification or

other appropriate proceeding.

Collected 2026-09-05T20:59:28Z. Source file · JSON

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