Kentucky · ProbateKentucky personal representative selling a house: the will's power of sale or a District Court order

In Kentucky the executors who undertake the execution of a will may sell and convey land that the will directs or devises to be sold, or over which it gives a discretionary power of sale, if no one else is appointed for that purpose – but while an action to set aside or reject the will is pending, there is no power to sell the decedent's land except under a court judgment (KRS 395.220). A personal representative without a power of sale may move the District Court where it qualified for an order granting the power to sell or mortgage the decedent's real estate; the motion describes the property, summarizes the grounds and asks for an adequate increase in the fiduciary's bond. Unless waived in writing, notice of the hearing with a copy of the motion is served, as for starting a civil action, on everyone with a vested or contingent interest in the property. Anyone aggrieved by the order may start an adversary proceeding in Circuit Court within 30 days, and until the final order is entered and the time for appeal has expired – or any adversary proceeding is finally decided – neither the fiduciary nor any vested owner may convey or mortgage the real estate; an attempt to do so is voidable by the court (KRS 389A.010). The order describes the property and recites that it is final; the fiduciary's deed must recite where the order can be found, and a certified copy of the order is recorded with the deed (KRS 389A.015).