{"data":{"id":"us-ky/krs-389a.010","jurisdiction":"us-ky","citation":"KRS 389A.010","heading":"Jurisdiction of District Court -- Notice -- Adversary proceedings to be in","body":"Circuit Court.\n(1) Notwithstanding any other statutory limitation of the jurisdiction of the District\nCourt:\n(a) Any trustee, guardian, conservator, or personal repre sentative (hereinafter\n\"fiduciary\"), not otherwise possessing a power of sale, may move the District\nCourt of the county in which the fiduciary has qualified for an order granting\nthe fiduciary the power to sell or mortgage any real estate or any interest in\nthe real estate possessed by his or her ward, decedent, or trust; and\n(b) The District Court may enter an order granting the fiduciary the power to sell\nor mortgage any real estate or any interest in the real estate possessed by the\nward, decedent, or trust.\n(2) The motion shall include an adequate description of the property, a summary of the\ngrounds for the motion, and a request that the bond of the fiduciary be increased in\nan adequate amount in accordance with KRS 395.130.\n(3) (a) Unless waived in wr iting, written notice of the hearing with a copy of the\nmotion shall be served in a manner authorized by the Rules of Civil Procedure\nfor the initiation of a civil action upon all persons who have a vested or\ncontingent interest in the property interest sought to be sold.\n(b) Where the property interest sought to be sold belongs to a person under legal\ndisability, service of notice and defense shall be governed by Civil Rules\n4.04(3) and 17.03.\n(c) In the case where the subject of the action is the property  interest of a person\nunder legal disability, unless waived in writing, written notice shall be given\nby certified mail, return receipt requested, to all known adult next of kin and\nshall include:\n1. The nature and pendency of the action; and\n2. The time, date, and location of the hearing.\nThe notice required under this paragraph shall be given no later than thirty\n(30) days prior to the date of the hearing on the motion.\n(d) At or before the hearing, the fiduciary or his or her attorney shall fi le an\naffidavit on personal knowledge showing compliance with paragraphs (a) to\n(c) of this subsection with the following attachments:\n1. A copy of the notice given; and\n2. The original of all receipts returned.\n(e) All persons under this subsection shall have standing to present evidence and\nto be heard at the hearing.\n(4) Any party aggrieved by any order affecting the right of the fiduciary to sell or\nmortgage any property or property interest under this section may, no later than\nthirty (30) days from th e date of the order, institute an adversary proceeding in\nCircuit Court pursuant to KRS 24A.120(2). Pending the entry of a final order and\nexpiration of the time for an appeal therefrom, neither the fiduciary nor the owner\nof any vested interest shall make any conveyance or mortgage of the real estate and\nany attempt to do so shall be voidable by the court until:\n(a) The time for an appeal of any final order entered following the hearing under\nsubsection (3) of this section has expired pursuant to the Rules  of Civil\nProcedure; or\n(b) Any adversary proceeding instituted under this subsection has been finally\nadjudicated and the time for an appeal from the final adjudication order has\nexpired pursuant to the Rules of Civil Procedure.\nThe provisions of this su bsection shall be retroactive and shall apply to\nconveyances made prior to June 29, 2023.\n(5) No proceedings under this section shall be conducted by or before a commissioner\nof the District Court.","path":["KRS Chapter 389A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54155","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:22Z","sha256":"f34481e73380c4680ceb5e0bca928684376459f8ef3344d971b5673d4d0e6620","source_id":"us-ky","stale":false,"prev":"us-ky/krs-389.060","next":"us-ky/krs-389a.015"},"notice":"GroundRules: Original legal text. Not legal advice."}