Executor Duties in Kentucky

The personal representative must file an inventory within 90 days of qualifying; it is filed under seal and a copy goes to the Department of Revenue. Creditors must present claims within six months after the representative is appointed. The representative may distribute the estate six months after qualifying, and closes the estate with a periodic or final settlement filed with the District Court, or an informal final settlement (available six months after appointment when the representative is the sole beneficiary or all beneficiaries sign waivers).

The District Court of the county where the decedent lived appoints the executor (with a will) or administrator (without a will) on a Petition for Probate of Will and/or Appointment of Executor/Administrator (AOC-805). The court enters an order probating the will and/or appointing the fiduciary (AOC-805.1, or AOC-805.2 when there is no will); the fiduciary signs an oath (AOC-809) and the clerk issues a Certificate of Qualification (AOC-807), which serves as proof of authority. No bond is required unless the court orders a surety bond to protect the estate or the fiduciary is a public administrator or curator.

Claims that arose before death are barred unless presented within six months after the personal representative is appointed, or, if no representative is appointed, within two years after death. Secured claims (to the extent of the security) and claims covered by liability insurance are not affected.