Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)

Citation: Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)
Jurisdiction: Kentucky (state)
Source: Official source
Original Source: https://www.kycourts.gov/Courts/County-Information/Documents/ClerksManual.pdf ↗

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38.5.2 Deceased Creditor
Quick Reference
If any of the judgment creditors are deceased, make an endorsement on the
execution showing the name of the decedent and of the person who takes the
decedent's interest as shown by the following:
(1) A surviving party must file an affidavit showing the death and the right
as a surviving party.
(2) A personal representative of the estate must file an affidavit showing
the right to receive the decedent's interest, plus a certified copy of the
order of appointment.
(3) A personal representative appointed in another state must also give a
surety bond conditioned upon disposition of the property according to
law.
a) Require the surety to make an affidavit to show qualification.
KRS 454.180, 454.185. Taking the affidavit relieves you of
liability for taking insufficient surety if the financial information
is falsified. Commonwealth vs. Lewis, 181 Ky. 804, 205 S.W. 921
(1918). For more information, see Surety Requirements.
b) Refuse any surety if you are in doubt as to their sufficiency to
cover the amount of bond. If your judge orders you to take a
bond you must do so; the order protects you from liability for
taking an insufficient bond.
Collect filing fee
c) Collect a bond filing fee as set forth in the Accounting Manual
and give a receipt.
File, date, initial
d) Apply the FILED stamp to the bond; add the date and your
initials
Document code BO
e) File the bond by completing a document screen using document
code BO.
(4) If claimed under the will of the decedent, the claimant must file an
affidavit showing the claimant's right, plus a copy of the will certified by
the county clerk where the will is recorded.
File, date, initial
a) Apply the FILED stamp to the affidavits and/or certified
documents; add the date and your initials.