Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific case.
Detailed Answer
Under Kentucky law, a personal representative (executor or administrator) must notify creditors of an estate after letters are issued. If the representative satisfies statutory notice requirements and two years elapse from the decedent’s date of death, most creditor claims become permanently barred. To rely on this “two-year rule,” a client should confirm that notice followed Kentucky Revised Statutes.
1. Notice to Creditors under KRS § 395.030
KRS § 395.030 requires the personal representative to publish notice in a local newspaper once a week for three consecutive weeks and to mail written notice to all known creditors at their last known addresses. See KRS § 395.030.
2. Proof of Publication and Mailing
After publication, the newspaper provides an affidavit of publication describing dates and frequency. The personal representative must file that affidavit in the probate court record. Similarly, the representative must file proofs of mailing or affidavits of service for creditor letters.
3. Two-Year Bar on Claims (KRS § 395.180)
Once notice requirements are met, KRS § 395.180 provides that any creditor who fails to present a claim within two years of the decedent’s death is forever barred from recovering. See KRS § 395.180.
4. Reviewing Probate Court Files
Visit the clerk’s office in the county where the estate was probated. Request a certified copy of the full estate file. Key documents include:
- Letters of administration or testamentary letters.
- Affidavit of publication from the newspaper.
- Proofs of mailing or service.
- Notices to known creditors and any returned mail logs.
5. Confirming Compliance
Once you have those documents, verify that:
- Publication dates span three consecutive weeks.
- Proofs of mailing list all known creditors at accurate addresses.
- Affidavits and proofs are stamped filed by the court within three months of letters issuance.
Helpful Hints
- Ask the clerk for the probate docket sheet—it gives a timeline of filings.
- Contact the newspaper directly to confirm affidavits of publication.
- Check if any creditor claims were filed late or objected to notice sufficiency.
- If notice falls short, the two-year bar may not apply—seek legal advice.
- Retain certified copies of all filings to demonstrate compliance.