(1) Judicial sales under order or judgment of the circuit court may be executed and accounts of estates may be settled by a master commissioner under such terms and conditions as are specified by the circuit court either in its order or judgment or by rule. A master commissioner may act as a receiver under terms and conditions likewise specified by the circuit court. A master commissioner may draft and execute such instruments as are necessary to complete any responsibility. A master commissioner performing any of these functions and appointed after December 31, 1977, shall be qualified as an attorney or experienced as a fiduciary. The master commissioner shall serve notice of the date, time and place of the judicial sale upon every party who is not in default for failure to appear.
Rule 53.02.Judicial sales -- Settlements -- Receiverships -- Qualifications of commissioner.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceMaster commissioners carry out judicial sales, settle estate accounts, and act as receivers under terms the circuit court sets, handle asset-discovery and claim-and-delivery matters, and take on other references only in special cases involving complexity, hard-to-calculate damages, or numerous claims, with attorney or fiduciary qualifications required depending on the function.
Full Text of Rule 53.02
(2) Civil matters pertaining to bills of discovery of assets of judgment debtors and claim and delivery may be referred to a master commissioner who shall be qualified as an attorney.
(3) All other references to master commissioners shall be warranted only in special cases. Cases may be regarded as special due to complexity of issues, damages which are difficult to calculate, a multiplicity of claims the priority of which must be established, matters of account involving complex or numerous transactions, or similar exceptional circumstances. A master commissioner performing this function shall be qualified as an attorney.
Amendment History
(Adopted October 24, 1977, effective January 1, 1978; amended December 16, 1988, effective January 1, 1989; amended July 12, 1989, effective August 28, 1989; amended November 3, 2010, effective January 1, 2011.)
Plain-English Summary
Rule 53.02 spells out the three main jobs a master commissioner does and what qualifications each one requires. First, judicial sales ordered by the circuit court and settlement of estate accounts: the commissioner works under whatever terms the court's order, judgment, or local rule sets, can serve as a receiver on similar terms, and can draft and sign the documents needed to complete the job. Anyone appointed to this role after December 31, 1977 must be either a qualified attorney or experienced as a fiduciary. Before a judicial sale goes forward, the commissioner has to notify every party who isn't in default for failing to appear of the sale's date, time, and place.
Second, civil matters involving discovery of a judgment debtor's assets and claim-and-delivery actions can go to a master commissioner, but that commissioner must be a qualified attorney.
Third, anything else referred to a master commissioner is limited to special cases, ones with complex issues, damages that are difficult to calculate, multiple claims that need their priority sorted out, complicated or numerous accounting transactions, or similarly exceptional circumstances. A commissioner handling this kind of reference must also be a qualified attorney.
Frequently Asked Questions
What can a master commissioner do in a judicial sale?
Rule 53.02 lets a master commissioner execute judicial sales under order or judgment of the circuit court, settle accounts of estates, act as a receiver, and draft and execute the instruments needed to complete these tasks, under terms the circuit court specifies.
Does a master commissioner have to notify parties before a judicial sale?
Yes. Rule 53.02 requires the master commissioner to serve notice of the date, time, and place of the judicial sale on every party who is not in default for failing to appear.
When can a case be referred to a master commissioner for something other than a sale or receivership?
Rule 53.02 limits these other references to special cases, situations involving complex issues, damages difficult to calculate, a multiplicity of claims needing a priority determination, or complex or numerous accounting matters. The commissioner handling such a reference must be a qualified attorney.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 53.02). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: master commissioner judicial sale kentuckyCR 53.02master commissioner receiver qualificationsnotice requirement judicial sale kentuckyspecial case reference master commissioner