KRS § 391.035 — KY Code / Title XXXIV / Chapter 391 / Section 391.035
391.035 District Court hearing to determine persons entitled to property passing by intestate succession
Status: in_force

391.035 District Court hearing to determine persons entitled to property passing

by intestate succession.

(1) If real or personal property passes by the laws of intestate succession, or under a

will to a beneficiary not named in the will, proceedings may be had in the District

Court to determine the persons entitled to the property.

(2) (a) If an estate is in process of administration, the executor, administrator, or any

person claiming an interest in the property may file a motion in the District

Court where administration is in process. If there is no pending administration

or administration has been dispensed with, any person claiming an interest in

the property may file a motion in the District Court of the county in which the

decedent last resided or, if the decedent was not a Kentucky resident, in the

District Court of the county in which the property, or the greater part thereof,

is located;

(b) The motion shall set forth all of the facts known to the movant relating to the

matter, including the names, ages, and addresses of all persons who are or may

be entitled to share in the property and their relationship to the decedent or to

the class of beneficiaries entitled to share. The motion shall also describe the

property under consideration and an estimate of its value;

(c) The motion shall be served in a manner authorized by the Rules of Civil

Procedure for the initiation of a civil action and shall set forth the place and

time, which shall not be less than twenty (20) days from the date of service,

when the motion will come on for hearing.

(3) Upon the hearing on the motion, any person claiming an interest in the property may

introduce proof in support of his claim and the court may entertain the admission of

any other relevant evidence to aid the court in determining the persons entitled to

share in the property.

(4) After hearing all the evidence, the court shall enter judgment in which the names,

ages, and addresses of the persons entitled to share in the property are set forth and

the proportionate interest of each. The judgment shall be conclusive evidence of the

facts determined therein as against all parties, whether known or unknown, to the

proceeding.

(5) In a case where some or all of the property is real property located in this state, a

certified copy of the judgment shall be recorded in the office of the appropriate

county clerk in lieu of the affidavit required by KRS 382.120. The judgment shall

be conclusive evidence of the facts determined therein as against all parties, whether

known or unknown, to the proceeding.

(6) Any party may at any time prior to judgment institute an adversary proceeding in

Circuit Court pursuant to KRS 24A.120(2).

(7) Any aggrieved party may, no later than thirty (30) days from the date of the

judgment, institute an adversary proceeding in Circuit Court pursuant to KRS

24A.120(2).

(8) Any unknown defendants before the court by constructive service alone shall be

entitled to the protection afforded by Civil Rule 4.11.

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

of the District Court.