{"data":{"id":"us-ky/krs-395.130","jurisdiction":"us-ky","citation":"KRS 395.130","heading":"Bond, when required -- Cost of corporate surety paid from estate.","body":"(1) No bond shall be required of a personal representative appointed under this chapter\nexcept as provided in subsection (2) of this section.\n(2) The court shall order a surety bond of a personal representative appointed under this\nchapter when the:\n(a) Appointment is of a public administrator under KRS 395.380 or a curator\nunder KRS 395.410; or\n(b) Court, in its discretion, determines that a surety bond is required to adequately\nprotect all interests in the estate. In exercising its discretion under this\nparagraph, the court may consider the:\n1. Expression of intent of the testator under a will or trust; however,\nnotwithstanding any other law to the contrary, the court shall not  be\nbound by the expressed intent; and\n2. Experience of the personal representative, including whether or not the\npersonal representative is acting as a fiduciary in any other matter.\n(3) (a) Every fiduciary of whom surety bond is required under subsection  (2) of this\nsection shall provide the surety bond as ordered by the court.\n(b) On motion of any interested party the court may:\n1. Reduce or increase the amount of the surety bond; or\n2. Permit the substitution of another surety bond with the same or different\nsureties.\n(4) If an executor does not give surety bond when required to do so, he or she shall not\nbe authorized to act as executor, and, if he or she has already been appointed, sha ll\nbe removed.\n(5) Whenever any personal representative, guardian, conservator, or fiduciary who is\nrequired by law to execute a surety bond for the faithful discharge of his or her\nduties or fulfillment of his or her trust, procures as surety on his or he r bond an\nincorporated surety company authorized to do business in this state, the necessary\nand reasonable cost incident to the surety bond shall be a lawful charge against the\nestate in the hands of the fiduciary, as other expenses of administration, and  in his\nor her settlement the fiduciary shall be entitled to credit by the amount actually paid\nby him or her for that purpose, subject to the approval of the court which has\napproved the surety bond.","path":["KRS Chapter 395"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57675","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:26Z","sha256":"69af7154fb209f46e98dc3cb114b7dfa28088142c5a5410fa71f5222be967fe1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-395.120","next":"us-ky/krs-395.140"},"notice":"GroundRules: Original legal text. Not legal advice."}