Section 389A.010 - Jurisdiction of District Court - Notice - Adversary proceedings to be in Circuit Court(1) Notwithstanding any other statutory limitation of the jurisdiction of the District Court: (a) Any trustee, guardian, conservator, or personal representative (hereinafter "fiduciary"), not otherwise possessing a power of sale, may move the District Court of the county in which the fiduciary has qualified for an order granting the fiduciary the power to sell or mortgage any real estate or any interest in the real estate possessed by his or her ward, decedent, or trust; and(b) The District Court may enter an order granting the fiduciary the power to sell or mortgage any real estate or any interest in the real estate possessed by the ward, decedent, or trust.(2) The motion shall include an adequate description of the property, a summary of the grounds for the motion, and a request that the bond of the fiduciary be increased in an adequate amount in accordance with KRS 395.130.(3)(a) Unless waived in writing, written notice of the hearing with a copy of the motion shall be served in a manner authorized by the Rules of Civil Procedure for the initiation of a civil action upon all persons who have a vested or contingent interest in the property interest sought to be sold.(b) Where the property interest sought to be sold belongs to a person under legal disability, service of notice and defense shall be governed by Civil Rules 4.04(3) and 17.03.(c) In the case where the subject of the action is the property interest of a person under legal disability, unless waived in writing, written notice shall be given by certified mail, return receipt requested, to all known adult next of kin and shall include: 1. The nature and pendency of the action; and2. The time, date, and location of the hearing. The notice required under this paragraph shall be given no later than thirty (30) days prior to the date of the hearing on the motion.
(d) At or before the hearing, the fiduciary or his or her attorney shall file an affidavit on personal knowledge showing compliance with paragraphs (a) to (c) of this subsection with the following attachments: 1. A copy of the notice given; and2. The original of all receipts returned.(e) All persons under this subsection shall have standing to present evidence and to be heard at the hearing.(4) Any party aggrieved by any order affecting the right of the fiduciary to sell or mortgage any property or property interest under this section may, no later than thirty (30) days from the date of the order, institute an adversary proceeding in Circuit Court pursuant to KRS 24A.120(2). Pending the entry of a final order and expiration of the time for an appeal therefrom, neither the fiduciary nor the owner of any vested interest shall make any conveyance or mortgage of the real estate and any attempt to do so shall be voidable by the court until: (a) The time for an appeal of any final order entered following the hearing under subsection (3) of this section has expired pursuant to the Rules of Civil Procedure; or(b) Any adversary proceeding instituted under this subsection has been finally adjudicated and the time for an appeal from the final adjudication order has expired pursuant to the Rules of Civil Procedure. The provisions of this subsection shall be retroactive and shall apply to conveyances made prior to June 29, 2023.
(5) No proceedings under this section shall be conducted by or before a commissioner of the District Court.Amended by 2023 Ky. Acts ch. 177,§ 3, eff. 6/28/2023.Effective:9/1/1998
Amended 1998, Ky. Acts ch. 517, sec. 9, effective9/1/1998. --Amended 1988 Ky. Acts ch. 90, sec. 1, effective 7/15/1988. -- Amended 1984 Ky. Acts ch. 111, sec. 157, effective 7/13/1984. -- Amended 1982 Ky. Acts ch. 141, sec. 145, effective 7/1/1982; and ch. 277, sec. 4, effective 7/15/1982. -- Created 1980 Ky. Acts ch. 87, sec. 2, effective 7/15/1980.