Request By:
Mr. William H. Hays, Jr.
Attorney at Law
521 Main Street
P.O. Box 88
Shelbyville, Kentucky 40065
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your question is: Who, in connection with probate or estate matters, gives notice to creditors? The district judge takes the view that such notice is the responsibility of the personal representative. Another question: Who advertises the final settlements?
The notice to the creditors
The notice to the creditors was required by KRS 424.340 to be advertised by the county court clerk. It was not court clerk. It was not expressly repealed. However, since the exclusive jurisdiction of probate or estate matters (uncontested) is vested in the district court, it is our opinion that the jurisdictional statute, KRS 24A.120, repeals by implication KRS 424.340. While we realize the courts do not favor repeal by implication, the courts have ruled that a repeal by implication will be declared where it is clearly made to appear. Ruby Lumber Co. v. K.V. Johnson Co., 299 Ky. 811, 187 S.W.2d 449 (1945) 453. Here we think the county clerk's advertising role under KRS 424.340 is so nonsensical in view of the district court's probate function as to clearly mean that KRS 424.340 was repealed by implication. Therefore, we believe the district judge is correct in the view that the responsibility for advertising for creditors rests with the personal representative, especially since the statutes place this task on no public official.
As to who advertises the final settlement, that is the responsibility of the district court clerk, pursuant to KRS 395.625; except that with the court's approval the fiduciary may, in lieu of such publication, send a written notice thereof to all unpaid creditors and distributees, which notice shall be mailed at least 10 days before the date of hearing.
As to forms, guidelines, etc., in such matters, we can only suggest that the attorneys will simply have to follow the applicable statutes.