396.015 Method of presentation of claims.

268 words·~1 min read·/ky/chapter-396/396-015

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

Claims against a decedent's estate shall be presented as follows:

(1)The claimant may deliver or mail to the personal representative a written statement

of the claim indicating its basis, the name and address of the claimant, and the

amount claimed, or may file a written statement of the claim, in the form prescribed

by rule, with the clerk of the court. If presentment shall be made by filing a written

statement of the claim with the clerk of the court, the claimant shall certify as

provided in the rules of civil procedure that a copy of the written statement has been

given or mailed to the personal representative and his attorney. The claim shall be

deemed presented on the first to occur of receipt of the written statement of claim

by the personal representative, or the filing of the claim with the court. If a claim is

not yet due, the date when it will become due shall be stated. If the claim is

contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim

is secured, the security shall be described. Failure to describe correctly the security,

the nature of any uncertainty, and the due date of a claim not yet due does not

invalidate the presentation made.

(2)In an action pending against the decedent at the time of his death, which action

survives at law, the substitution of the personal representative for the decedent, or

motion therefor, shall constitute the presentation of a claim. Such claim shall be

deemed to have been presented from the time of substitution, or motion therefor.