Request By:
Marilyn B. Traylor
Deputy Clerk, Fayette District Court, Probate Division
136 N. Martin Luther King Blvd.
Lexington, Kentucky 40507
Opinion
Opinion By: Frederic J. Cowan, Attorney general; Ross T. Carter, Assistant Attorney General
You have asked whether a testamentary trusteee must file an inventory of personal property.
KRS 395.250 requires that personal representatives file an inventory with the probate clerk. The statutes and the reported Kentucky decisions nowhere define "personal representative," although the term appears repeatedly throughout chapter 395. According to 31 Am.Jur.2d, Executors and Administrators § 7, "The commonly accepted definition of 'personal representative' includes an executor or administrator, and the Uniform Probate Code uses this term almost exclusively, instead of 'executor' and 'administrator.'" We find nothing in chapter 395 to suggest that the legislature intended any other definition for the term "personal representative," so we conclude that the inventory required by KRS 395.250 need not be filed by a testamentary trustee, unless the trustee is also an executor or administrator.