394.240 Actions in Circuit Court -- Time in which to be brought -- Filing notice of

257 words·~1 min read·/ky/394-240

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

proceeding.

(1)Any person aggrieved by the action of the District Court in admitting a will to

record or rejecting it may bring an original action in the Circuit Court of the same

county to contest the action of the District Court. Such action shall be brought

within two

(2)years after the decision of the District Court. The parties may, in the

same action, or in a separate action if the validity of the will is not in issue, seek

construction, interpretation or reformation of a will.

(2)Upon filing an adversary proceeding in Circuit Court in matters involving probate

whether in a testate or intestate proceeding or an action pursuant to subsection

(1)of

this section, the plaintiff shall forthwith lodge a notice of the action in the office of

the county clerk of the county in which the will was admitted to probate or rejected,

or if in an intestate estate in the office of the county clerk of the county in which the

estate was probated. Such notice shall state the name of the testator, the style of the

action, the court in which the action has been filed, the file number assigned to the

action by the clerk of the court in which it has been filed, the nature of the action,

and the date on which the action was commenced. Said notice shall be signed by

plaintiff or his attorney and no jurat shall be necessary. The county clerk shall

record and index said notice as if it were a will.