reglab/housing_qa huggingface dataset:
KS Stat § 59-2310 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2310 Authorization of conveyance or lease of real estate.

59-2310. Authorization of conveyance or lease of real estate. Upon the filing of a petition by any person claiming to be entitled to a conveyance from a decedent or conservatee bound by written instrument to make a conveyance or lease, or by the personal representative, setting forth a description of the real estate and the facts upon which such claim for conveyance or lease is based, the court shall fix the time and place for the hearing thereof, notice of which shall be given to such persons and in such manner as the court shall direct. Upon proof of the petition, the court may order the personal representative to execute and deliver a deed of conveyance or lease upon performance of the contract.History: L. 1939, ch. 180, § 265; L. 1965, ch. 346, § 39; L. 1985, ch. 191, § 52; July 1.
KS Stat § 59-2311 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2311 Title conveyed by deed or other instrument executed by personal representative.

59-2311. Title conveyed by deed or other instrument executed by personal representative. The deed or other instrument of the personal representative executed pursuant to K.S.A. 59-2309 or 59-2310, and amendments thereto, shall be received in all courts as presumptive evidence that the personal representative in all respects observed the directions and complied with the requisites of law and shall vest title to the estate granted in the party receiving it in the same manner as if conveyed by the decedent in the decedent's lifetime or conveyed, leased or mortgaged by the conservatee as if of full age and sound mind.History: L. 1939, ch. 180, § 266; L. 1965, ch. 346, § 40; L. 1985, ch. 191, § 53; July 1.
KS Stat § 59-2312 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2312 Real estate commission.

59-2312. Real estate commission. The court may in its discretion, after notice to all parties in interest, allow a real estate commission, but such allowance shall be passed upon by the court prior to the sale.History: L. 1939, ch. 180, § 267; July 1.
KS Stat § 59-2313 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2313 Payment of title documents.

59-2313. Payment of title documents. The court shall have authority to allow payment for certificate of abstract of title or policy of title insurance in connection with the sale of any real estate.History: L. 1939, ch. 180, § 268; July 1.
KS Stat § 59-2314 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2314 Homestead of incapacitated spouse; execution of mortgage and oil, gas and other mineral leases.

59-2314. Homestead of incapacitated spouse; execution of mortgage and oil, gas and other mineral leases. When a husband or wife, while occupying a homestead, is adjudged to be an incapacitated person, the conservator of such spouse may be authorized, by the district court having jurisdiction, to join with the competent spouse in executing a mortgage upon the homestead, renewing or refinancing an encumbrance thereon which is likely to cause loss, or in executing a lease thereon authorizing the lessee, said lessee's heirs and assigns, to explore and produce therefrom oil, gas, coal, lead, zinc, or other minerals as herein provided.History: L. 1945, ch. 240, § 1; L. 1965, ch. 346, § 41; L. 1976, ch. 242, § 50; Jan. 10, 1977.
KS Stat § 59-2315 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2315 Same; petition.

59-2315. Same; petition. For the purposes set out in K.S.A. 59-2314, the competent spouse and the conservator may jointly file a petition in the district court of the county in which such homestead is situated praying for the execution of a mortgage upon the homestead or for the execution of an oil, gas or other mineral lease thereon.History: L. 1945, ch. 240, § 2; L. 1965, ch. 346, § 42; L. 1976, ch. 242, § 51; Jan. 10, 1977.
KS Stat § 59-2316 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2316 Same; copy of proposed lease; notice and hearing.

59-2316. Same; copy of proposed lease; notice and hearing. In the case of a proceeding hereunder for the execution of oil, gas or other mineral lease, a copy of the proposed lease shall be attached to the petition. The petition shall be heard upon notice as directed by the district court and determined as in other cases except that such petition shall not be heard in less than ten (10) days after a guardian ad litem shall have been appointed as in this act provided and notice of such appointment shall have been given to such guardian ad litem.History: L. 1945, ch. 240, § 3; L. 1976, ch. 242, § 52; Jan. 10, 1977.
KS Stat § 59-2317 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2317 Same; guardian ad litem; duties.

59-2317. Same; guardian ad litem; duties. In every proceeding brought under this act and immediately upon the filing of a petition as provided in K.S.A. 59-2315, a guardian ad litem shall be appointed for the incapacitated spouse, who shall make an independent investigation of the facts and representations made in the petition, and shall, on or before the date fixed for the hearing on said petition, file in said district court a verified report setting forth the results of said guardian's investigation, together with said guardian's recommendations respecting the relief prayed for in the petition. And the court shall consider such report together with all evidence that may be offered in support of such petition or report in determining what relief, if any, should be granted in the proceeding.History: L. 1945, ch. 240, § 4; L. 1965, ch. 346, § 43; L. 1976, ch. 242, § 53; Jan. 10, 1977.
KS Stat § 59-2318 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2318 Same; what renewed or refinanced mortgage may include.

59-2318. Same; what renewed or refinanced mortgage may include. In case of a proceeding to mortgage, the renewed or refinanced mortgage may include all sums of money necessary to discharge all liens on the homestead including interest, taxes, costs of all necessary proceedings, with a reasonable attorney fee, and the cost of abstract of title, or other title papers, when the necessity therefor or advantage to the owner of the homestead or to the insane spouse shall clearly appear.History: L. 1945, ch. 240, § 5; April 6.
KS Stat § 59-2319 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2319 Same; proceeds from lease exempt from certain liabilities.

59-2319. Same; proceeds from lease exempt from certain liabilities. The proceeds from the execution of any such lease, whether denominated bonus, rental, royalty, or otherwise, shall be wholly exempt from liability for payment or satisfaction of any debts or other obligations of either spouse, except taxes, encumbrances and liens on the homestead, the necessary cost of the proceeding for the execution of such lease, and the support, maintenance and education of the conservatee, his or her spouse, and children.History: L. 1945, ch. 240, § 6; L. 1965, ch. 346, § 44; Jan. 1, 1966.
KS Stat § 59-2320 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2320 Same; assignment of proceeds from lease for certain purposes.

59-2320. Same; assignment of proceeds from lease for certain purposes. In its order authorizing the conservator to join with the competent spouse in executing an oil, gas or other mineral lease as provided in the act, the court may, in any proper case, authorize such conservator to join the competent spouse in the execution and delivery of an assignment of the proceeds of such lease to the owner and holder of any mortgage lien upon the homestead, as additional security for the payment of such mortgage lien, and for the application of such proceeds to the payment of the mortgage debt.History: L. 1945, ch. 240, § 7; L. 1965, ch. 346, § 45; Jan. 1, 1966.
KS Stat § 59-2321 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2321 Same; distribution of net proceeds of lease; revocation or modification.

59-2321. Same; distribution of net proceeds of lease; revocation or modification. The district court authorizing any such lease by order shall direct the division of the net proceeds of such lease between the competent spouse and the conservator in such proportions as may be proper, equitable and just, having due regard for the time and manner of acquiring the homestead. Any unpaid or undistributed proceeds at the death of either spouse shall be considered as property of the owner of the homestead and payable to such owner. Within the limits above prescribed such order for payment or distribution may for good cause shown, upon due notice and hearing, be revoked or modified from time to time as justice and interest of the parties may require.History: L. 1945, ch. 240, § 8; L. 1965, ch. 346, § 46; L. 1976, ch. 242, § 54; Jan. 10, 1977.
KS Stat § 59-2322 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty|59-2322 Same; presumptive evidence that mortgage or lease properly executed.

59-2322. Same; presumptive evidence that mortgage or lease properly executed. The mortgage or lease executed pursuant to this section shall be received in all courts as presumptive evidence that the conservator in all respects observed the directions and complied with the requisites of law, and shall vest title to the interest granted in the party receiving the same in like manner as if the mortgage or lease was executed by the conservatee and the conservatee was of full age and sound mind.History: L. 1945, ch. 240, § 9; L. 1965, ch. 346, § 47; Jan. 1, 1966.
KS Stat § 59-2402 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 24 - Appeals And Transfers|59-2402 District magistrate judges; certification of questions outside judge's jurisdiction.

59-2402. District magistrate judges; certification of questions outside judge's jurisdiction. In any proceeding pending in the district court before a district magistrate judge, when it appears that a decision upon any question of which such judge does not have jurisdiction is necessary to a full determination of the proceeding, such question shall be submitted to the chief judge. The chief judge may assign the entire case to a district judge or may assign just the question to a district judge for determination, after which the case may be reassigned to the district magistrate judge.History: L. 1939, ch. 180, § 270; L. 1976, ch. 242, § 56; L. 1977, ch. 112, § 19; L. 1986, ch. 115, § 84; L. 1999, ch. 57, § 48; July 1.
KS Stat § 59-2402a (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 24 - Appeals And Transfers|59-2402a Request for transfer of certain matters from district magistrate judge to district judge.

59-2402a. Request for transfer of certain matters from district magistrate judge to district judge. When a petition is filed in the district court and a district magistrate judge is assigned to hear such petition, any interested party may request the transfer of the matter to the chief judge for assignment to a district judge if the petition is:(1) To admit a will to probate;(2) to determine venue or a transfer of venue;(3) to allow any claim exceeding $5,000 in value;(4) for the sale, lease or mortgage of real estate;(5) for conveyance of real estate under contract;(6) for payment of a legacy or distributive share;(7) for partial or final distribution;(8) for an order compelling a legatee or distributee to refund;(9) for an order to determine heirs, devisees or legatees; or(10) for an order which involves construction of a will or other instrument.When a request for such transfer is filed less than three days prior to the commencement of the hearing, the court shall assess the costs occasioned by the subpoena and attendance of witnesses against the party seeking the transfer. Such request may be included in any petition, answer or other pleading, or may be filed as a separate petition, and shall include an allegation that a bona fide controversy exists and that the transfer is not sought for the purpose of vexation or delay. Notice of such request shall be given as ordered by the court.History: L. 1945, ch. 237, § 1; L. 1951, ch. 345, § 1; L. 1976, ch. 242, § 57; L. 1977, ch. 112, § 20; L. 1986, ch. 115, § 85; L. 1999, ch. 57, § 49; L. 2006, ch. 56, § 3; July 1.
KS Stat § 59-2402b (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 24 - Appeals And Transfers|59-2402b Same; assignment of case or specific issue.

59-2402b. Same; assignment of case or specific issue. Upon the filing of such request the chief judge may assign the case in its entirety to a district judge or only for a determination of the specific issues raised. If the chief judge assigns only for determination of specific issues, the case may be reassigned to the district magistrate judge. The determination of issues shall be as on appeal as provided in K.S.A. 59-2408 and amendments thereto.History: L. 1945, ch. 237, § 2; L. 1976, ch. 242, § 58; L. 1977, ch. 112, § 21; L. 1986, ch. 115, § 86; L. 1999, ch. 57, § 50; July 1.
KS Stat § 59-2402d (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 24 - Appeals And Transfers|59-2402d Transfer of trust estates from district magistrate judge.

59-2402d. Transfer of trust estates from district magistrate judge. When a trust estate is created by a will admitted to probate by order of any district magistrate judge of this state, any beneficiary or the trustee of such trust estate may at any time file a petition requesting the transfer of such trust estate to the chief judge for assignment to a district judge. Notice shall be given as ordered by the court, if notice is found by the court to be necessary. Upon the filing of such request, the district magistrate judge shall transfer the file in the estate, or so much thereof as may be necessary for a proper administration of the trust estate, to the chief judge.Appeals from judgments and orders of a district judge made pursuant to this act may be taken as appeals in other civil cases.History: L. 1961, ch. 273, § 1; L. 1976, ch. 242, § 59; L. 1977, ch. 112, § 22; L. 1986, ch. 115, § 87; L. 1999, ch. 57, § 51; July 1.
KS Stat § 59-2403 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 24 - Appeals And Transfers|59-2403 Venue.

59-2403. Venue. An appeal taken from any order, judgment, decree or decision (other than one determining or refusing to determine venue or changing or refusing to change venue) made by a district magistrate judge before a change of venue shall be taken to a district judge of the county to which the change was made.History: L. 1939, ch. 180, § 271; L. 1976, ch. 242, § 60; L. 1986, ch. 115, § 88; Jan. 12, 1987.
KS Stat § 59-2404 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 24 - Appeals And Transfers|59-2404 Appeals from district magistrate judges; appeal not abridged by failure to defend.

59-2404. Appeals from district magistrate judges; appeal not abridged by failure to defend. The right of appeal from any order, judgment, decree or decision of a district magistrate judge in an action pursuant to this chapter shall not be denied nor abridged for failure of the party appealing to present his or her defenses to or to appear before the district magistrate judge.History: L. 1939, ch. 180, § 272; L. 1941, ch. 284, § 14; L. 1945, ch. 237, § 4; L. 1972, ch. 215, § 20; L. 1976, ch. 242, § 61; L. 1978, ch. 222, § 1; July 1.
KS Stat § 59-2408 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 24 - Appeals And Transfers|59-2408 Appeal from a district magistrate judge; trial on appeal; pleadings; issues; evidence.

59-2408. Appeal from a district magistrate judge; trial on appeal; pleadings; issues; evidence. Except as provided for in K.S.A. 59-2401a, and amendments thereto, whenever an appeal has been taken from an order, judgment, decree or decision of a district magistrate judge, the district judge to which the appeal is assigned by the chief judge, without unnecessary delay, shall proceed to hear and determine all issues in the matter de novo and shall allow and may require pleadings to be filed or amended. The right to file new pleadings shall not be abridged or restricted by the pleadings filed, or by failure to file pleadings, in the proceedings before the district magistrate judge; nor shall the trial or the issues to be considered by the district judge be abridged or restricted by any failure to appear or by the evidence introduced, or the absence or insufficiency thereof, in the proceedings before the district magistrate judge.History: L. 1939, ch. 180, § 276; L. 1945, ch. 237, § 5; L. 1965, ch. 346, § 49; L. 1976, ch. 242, § 63; L. 1977, ch. 112, § 23; L. 1978, ch. 222, § 2; L. 1986, ch. 115, § 89; L. 1999, ch. 57, § 52; L. 2006, ch. 56, § 4; July 1.
KS Stat § 59-2409 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 24 - Appeals And Transfers|59-2409 Remanding appealed case to district magistrate judge.

59-2409. Remanding appealed case to district magistrate judge. Upon determination of an appeal from an order, judgment, decree or decision of a district magistrate judge, the judge determining such appeal may remand the case to the district magistrate judge, who shall proceed in accordance therewith.History: L. 1939, ch. 180, § 277; L. 1976, ch. 242, § 64; L. 1977, ch. 109, § 36; July 1.
KS Stat § 59-2501 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 25 - Rules Of Court|59-2501 Rules may be promulgated.

59-2501. Rules may be promulgated. Appropriate rules of court not inconsistent with the provisions of this act may be promulgated by the supreme court to regulate the practice in matters covered by this act.History: L. 1939, ch. 180, § 278; July 1.
KS Stat § 59-2601 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 26 - Miscellaneous|59-2601 Statutes saved.

59-2601. Statutes saved. Nothing in this act contained shall be construed to repeal or modify the provisions of the act entitled "act for appointment of conservators for veterans" (K.S.A. chapter 73, article 5), nor the special administrator act for Wyandotte county (laws 1903, chapter 199, being K.S.A. 19-1104).History: L. 1939, ch. 180, § 279; L. 1965, ch. 346, § 50; Jan. 1, 1966.
KS Stat § 59-2602 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 26 - Miscellaneous|59-2602 Effective date.

59-2602. Effective date. The rules of procedure herein prescribed shall govern all probate proceedings brought after they take effect and also all further procedure in probate proceedings then pending, except to the extent that in the opinion of the court their application in a particular proceeding when they take effect would not be feasible or would work injustice, in which event the former procedure applies. This act shall take effect and be in force on and after July 1, 1939, and after its publication in the statute book.History: L. 1939, ch. 180, § 281; July 1.
KS Stat § 59-2603 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 26 - Miscellaneous|59-2603 Application and effect of 1972 amendments.

59-2603. Application and effect of 1972 amendments. The rules of procedure herein prescribed shall govern all probate proceedings commenced after they take effect and also all further procedure in probate proceedings then pending, except to the extent that in the opinion of the court their application in a particular proceeding when they would take effect would not be feasible or would work injustice, in which event the former procedure applies. Nothing in this act [*] shall affect any limitations of time applicable to the estate of any decedent who died prior to the effective date of this act.History: L. 1972, ch. 215, § 21; July 2.* "This act," see, also, 59-617, 59-618, 59-709, 59-710, 59-803, 59-901, 59-1001, 59-1302, 59-1401, 59-1501, 59-1503, 59-2209, 59-2220, 59-2233, 59-2235, 59-2236, 59-2239, 59-2244, 59-2250, 59-2292, 59-2404.
KS Stat § 59-2604 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 26 - Miscellaneous|59-2604 Application of 1975 act; exceptions.

59-2604. Application of 1975 act; exceptions. The rules of procedure prescribed by this act shall govern all probate proceedings commenced after the effective date of this act [*] and also shall govern in all probate proceedings pending on the effective date of this act, except to the extent that in the opinion of the court, the application of said rules of procedure in a particular proceeding would not be feasible or would work an injustice on the parties to such proceeding, in which event the rules of procedure in effect prior to the effective date of this act shall apply. Nothing in this act shall affect any limitations of time applicable to the estate of any decedent who died prior to the effective date of this act.History: L. 1975, ch. 299, § 35; Jan. 1, 1976.* "This act," see, also, 59-102, 59-403, 59-606, 59-623, 59-706, 59-709, 59-1104, 59-1201, 59-1202, 59-1203, 59-1207, 59-1504, 59-1703, 59-2208, 59-2219, 59-2222, 59-2223, 59-2224, 59-2233, 59-2235, 59-2236, 59-2287, 59-2288, 59-2303, 59-2304, 59-2305, 59-2307, 59-2309, 59-2605, 59-3201 to 59-3206, inclusive.
KS Stat § 59-2605 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 26 - Miscellaneous|59-2605 1975 act supplemental to and part of probate code.

59-2605. 1975 act supplemental to and part of probate code. This act [*] shall be supplemental to and a part of the Kansas probate code.History: L. 1975, ch. 299, § 36; Jan. 1, 1976.* "This act," see, also, 59-102, 59-403, 59-606, 59-623, 59-706, 59-709, 59-1104, 59-1201, 59-1202, 59-1203, 59-1207, 59-1504, 59-1703, 59-2208, 59-2219, 59-2222, 59-2223, 59-2224, 59-2233, 59-2235, 59-2236, 59-2287, 59-2288, 59-2303, 59-2304, 59-2305, 59-2307, 59-2309, 59-2605, 59-3201 to 59-3206, inclusive.
KS Stat § 59-2701 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 27 - Estates Of Absentees|59-2701 Jurisdiction; absentee defined.

59-2701. Jurisdiction; absentee defined. The district courts shall have jurisdiction to administer, in accordance with the provisions of this act, the property within this state of (a) any person who has disappeared and remains unheard from by the persons most likely to hear from him or her, or (b) any person who is reported by the United States department of defense to be a prisoner of war or missing in action. The word "absentee" as used in this act shall refer to such a person.History: L. 1963, ch. 301, § 1; L. 1972, ch. 218, § 1; L. 1976, ch. 242, § 65; Jan. 10, 1977.