396.055 Allowance or disallowance of claims -- Notice -- Effect.

329 words·~1 min read·/ky/chapter-396/396-055

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

(1)As to claims presented in the manner described in KRS 396.015 within the time

limit prescribed in KRS 396.011, the personal representative may mail a notice to

any claimant stating that the claim has been allowed or disallowed. If, after allowing

or disallowing a claim, the personal representative changes his decision concerning

the claim, he shall notify the claimant. The personal representative may not change

a disallowance of a claim after the time for the claimant to commence an action on

the claim has run and the claim has been barred. Every claim which is disallowed in

whole or in part by the personal representative is barred so far as not allowed unless

the claimant commences an action against the personal representative not later than

sixty

(60)days after the mailing of the notice of disallowance or partial allowance if

the notice warns the claimant of the impending bar. Failure of the personal

representative to mail notice to a claimant of action on his claim for sixty

(60)days

after the time for original presentation of the claim has expired has the effect of a

notice of allowance, except that upon petition of the personal representative and

upon notice to the claimant, the court at any time before payment of such claim may

for cause shown permit the personal representative to disallow such claim.

(2)A judgment against a personal representative to enforce a claim against a decedent's

estate is an allowance of the claim.

(3)In the case of a disallowance of a claim which has not matured or which is

contingent or unliquidated, the personal representative may consent to an extension

of the sixty

(60)day period imposed by subsection

(1)of this section for the

commencement of an action on a disallowed claim, or to avoid injustice, the court,

on petition, may order an extension of the sixty

(60)day period, but in no event

shall the extension run beyond the applicable statute of limitations.