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