Disclaimer: This article is intended only to educate readers about Kentucky probate procedure and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.
Detailed Answer
Under Kentucky law, a personal representative (formerly known as executor or administrator) must both file an accounting with the probate court and serve a copy of that accounting on all interested persons. The key statutes are:
- KRS 395.625 – Petition for settlement of accounts.
- KRS 395.635 – Notice of hearings on account settlement.
Here’s how it works in practice:
- Filing the account: The personal representative prepares an itemized statement showing all estate receipts, disbursements, fees, and distributions. They file this statement (often called a petition for settlement of accounts) with the probate division of the circuit court.
- Service on interested persons: Kentucky law defines “interested persons” broadly to include heirs, devisees, beneficiaries, and creditors (KRS 395.005). At least 10 days before the hearing on the accounting, the personal representative must serve a copy of the petition and notice of hearing on each interested person (KRS 395.635).
- Right to examine and copy: Once the accounting and petition are on file with the court, they become public records. Interested persons may request and obtain copies directly from the court clerk at any time, even if the representative has not voluntarily provided one. Courts routinely permit in-person inspection or charge a nominal fee for certified copies.
- Remedies for noncompliance: If the personal representative fails to file or serve the accounting, or if you cannot get a copy, you may file a petition with the court to compel production and schedule a hearing. You can also object to the settlement or request sanctions for delay.
Helpful Hints
- Confirm whether you qualify as an “interested person” under KRS 395.005.
- Check the court’s docket or contact the clerk for the case file number and upcoming hearing dates.
- If you don’t receive service, request the documents directly from the clerk’s office (public access to filings is guaranteed).
- Review the accounting carefully. You have the right to object to any transactions you believe are improper.
- Keep records of all correspondence and service attempts—this may help if you need to petition the court for enforcement.
- Consider consulting a probate attorney promptly if the personal representative is uncooperative or if you spot potential misuse of estate assets.