{"data":{"id":"us-ky/krs-391.035","jurisdiction":"us-ky","citation":"KRS 391.035","heading":"District Court hearing to determine persons entitled to property passing","body":"by intestate succession.\n(1) If real or personal property passes by the laws of intestate succession, or under a\nwill to a beneficiary not named in the will, proceedings may be h ad in the District\nCourt to determine the persons entitled to the property.\n(2) (a) If an estate is in process of administration, the executor, administrator, or any\nperson claiming an interest in the property may file a motion in the District\nCourt where administration is in process. If there is no pending administration\nor administration has been dispensed with, any person claiming an interest in\nthe property may file a motion in the District Court of the county in which the\ndecedent last resided or, if t he decedent was not a Kentucky resident, in the\nDistrict Court of the county in which the property, or the greater part thereof,\nis located;\n(b) The motion shall set forth all of the facts known to the movant relating to the\nmatter, including the names, ages, and addresses of all persons who are or may\nbe entitled to share in the property and their relationship to the decedent or to\nthe class of beneficiaries entitled to share. The motion shall also describe the\nproperty under consideration and an estimate of its value;\n(c) The motion shall be served in a manner authorized by the Rules of Civil\nProcedure for the initiation of a civil action and shall set forth the place and\ntime, which shall not be less than twenty (20) days from the date of service,\nwhen the motion will come on for hearing.\n(3) Upon the hearing on the motion, any person claiming an interest in the property may\nintroduce proof in support of his claim and the court may entertain the admission of\nany other relevant evidence to aid the court in determining the persons entitled to\nshare in the property.\n(4) After hearing all the evidence, the court shall enter judgment in which the names,\nages, and addresses of the persons entitled to share in the property are set forth and\nthe proportionate interest of each. The judgment shall be conclusive evidence of the\nfacts determined therein as against all parties, whether known or unknown, to the\nproceeding.\n(5) In a case where some or all of the property is real property located in this state, a\ncertified copy of the judgment shall be recorded in the office of the appropriate\ncounty clerk in lieu of the affidavit required by KRS 382.120. The judgment shall\nbe conclusive evidence of the facts determined therein as against all parties, whether\nknown or unknown, to the proceeding.\n(6) Any party may at any time prior to judgment institute an adversary proceeding in\nCircuit Court pursuant to KRS 24A.120(2).\n(7) Any aggrieved party may, no later than thirty (30) days from the date of the\njudgment, institute an adv ersary proceeding in Circuit Court pursuant to KRS\n24A.120(2).\n(8) Any unknown defendants before the court by constructive service alone shall be\nentitled to the protection afforded by Civil Rule 4.11.\n(9) No proceedings under this section shall be conduct ed by or before a commissioner\nof the District Court.","path":["KRS Chapter 391"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36134","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:23Z","sha256":"c5558fec3817171e194b870fbbdd3243e7afede6620e9e803f8e520bc84d2466","source_id":"us-ky","stale":false,"prev":"us-ky/krs-391.033","next":"us-ky/krs-391.040"},"notice":"GroundRules: Original legal text. Not legal advice."}