KRS § 389A.010 — KY Code / Title XXXIII / Chapter 389A / Section 389A.010
389A.010 Jurisdiction of District Court -- Notice -- Adversary proceedings to be in Circuit Court
Status: in_force

389A.010 Jurisdiction of District Court -- Notice -- Adversary proceedings to be in

Circuit Court.

(1) Notwithstanding any other statutory limitation of the jurisdiction of the District

Court:

(a) Any trustee, guardian, conservator, or personal representative (hereinafter

"fiduciary"), not otherwise possessing a power of sale, may move the District

Court of the county in which the fiduciary has qualified for an order granting

the fiduciary the power to sell or mortgage any real estate or any interest in

the real estate possessed by his or her ward, decedent, or trust; and

(b) The District Court may enter an order granting the fiduciary the power to sell

or mortgage any real estate or any interest in the real estate possessed by the

ward, decedent, or trust.

(2) The motion shall include an adequate description of the property, a summary of the

grounds for the motion, and a request that the bond of the fiduciary be increased in

an adequate amount in accordance with KRS 395.130.

(3) (a) Unless waived in writing, written notice of the hearing with a copy of the

motion shall be served in a manner authorized by the Rules of Civil Procedure

for the initiation of a civil action upon all persons who have a vested or

contingent interest in the property interest sought to be sold.

(b) Where the property interest sought to be sold belongs to a person under legal

disability, service of notice and defense shall be governed by Civil Rules

4.04(3) and 17.03.

(c) In the case where the subject of the action is the property interest of a person

under legal disability, unless waived in writing, written notice shall be given

by certified mail, return receipt requested, to all known adult next of kin and

shall include:

1. The nature and pendency of the action; and

2. The time, date, and location of the hearing.

The notice required under this paragraph shall be given no later than thirty

(30) days prior to the date of the hearing on the motion.

(d) At or before the hearing, the fiduciary or his or her attorney shall file an

affidavit on personal knowledge showing compliance with paragraphs (a) to

(c) of this subsection with the following attachments:

1. A copy of the notice given; and

2. The original of all receipts returned.

(e) All persons under this subsection shall have standing to present evidence and

to be heard at the hearing.

(4) Any party aggrieved by any order affecting the right of the fiduciary to sell or

mortgage any property or property interest under this section may, no later than

thirty (30) days from the date of the order, institute an adversary proceeding in

Circuit Court pursuant to KRS 24A.120(2). Pending the entry of a final order and

expiration of the time for an appeal therefrom, neither the fiduciary nor the owner

of any vested interest shall make any conveyance or mortgage of the real estate and

any attempt to do so shall be voidable by the court until:

(a) The time for an appeal of any final order entered following the hearing under

subsection (3) of this section has expired pursuant to the Rules of Civil

Procedure; or

(b) Any adversary proceeding instituted under this subsection has been finally

adjudicated and the time for an appeal from the final adjudication order has

expired pursuant to the Rules of Civil Procedure.

The provisions of this subsection shall be retroactive and shall apply to

conveyances made prior to June 29, 2023.

(5) No proceedings under this section shall be conducted by or before a commissioner

of the District Court.