reglab/housing_qa huggingface dataset:
KS Stat § 59-2212 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2212 Hearings and rules of evidence.

59-2212. Hearings and rules of evidence. Trials and hearings in probate proceedings shall be by the court unless otherwise provided by law. The determination of any issue of fact or controverted matter on the hearing of any probate proceedings shall be in accordance with the rules of evidence provided for civil cases by the code of civil procedure, except as provided in the care and treatment act for mentally ill persons and the act for obtaining a guardian or conservator, or both.History: L. 1939, ch. 180, § 188; L. 1965, ch. 346, § 30; L. 1986, ch. 211, § 34; L. 1996, ch. 167, § 55; Apr. 18.
KS Stat § 59-2213 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2213 Judgments; verification of the petition; vacation or modification.

59-2213. Judgments; verification of the petition; vacation or modification. No judgment or decree shall be rendered in a probate proceeding without proof. The verification of the petition pursuant to K.S.A. 59-2201 and amendments thereto shall constitute sufficient proof of the statements made in the petition in the absence of written defenses or any appearance by an adverse party. The court shall have control of its orders, judgments, and decrees for 30 days after the date of the rendition thereof. Thereafter such orders, judgments, and decrees may be vacated or modified as provided by subsection (b) of K.S.A. 60-260 of the code of civil procedure.History: L. 1939, ch. 180, § 189; L. 1965, ch. 350, § 1; L. 1995, ch. 179, § 1; Apr. 27.
KS Stat § 59-2214 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2214 Taxation of costs and security therefor; poverty affidavit.

59-2214. Taxation of costs and security therefor; poverty affidavit. In all probate proceedings relating to a decedent or conservatee, the court shall tax the costs thereof against the estate unless otherwise provided by this act, or unless it appears that it would be unjust and inequitable to do so, in which event the court shall tax such costs or any part thereof against such party as it appears to the court is just and equitable in the premises. In case of any contested demand or matters the court may, in its discretion, require the claimant to give security for costs, or in lieu thereof file a poverty affidavit as provided in the code of civil procedure. In all proceedings relating to a ward, the court shall tax the costs or any part thereof as it appears to the court is just and equitable.History: L. 1939, ch. 180, § 190; L. 1941, ch. 284, § 9; L. 1965, ch. 346, § 31; L. 1976, ch. 242, § 32; Jan. 10, 1977.
KS Stat § 59-2215 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2215 Remission of court costs in small estates.

59-2215. Remission of court costs in small estates. When the total assets of the estate of a decedent or conservatee do not exceed the sum of $5,000 in value, the court may remit the court costs or any part thereof to such estate.History: L. 1939, ch. 180, § 191; L. 1965, ch. 346, § 32; L. 2000, ch. 25, § 5; July 1.
KS Stat § 59-2216 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2216 Disclosure proceedings.

59-2216. Disclosure proceedings. Upon the filing of a petition by a personal representative or any person interested in the estate, alleging that any person has concealed, converted, embezzled or disposed of any property belonging to the estate of a decedent or ward, or that any person has possession or knowledge of any will or codicil of a decedent, or of any instruments in writing relating to the property of such decedent or ward, the court, upon such notice it directs, may order such person to appear before it for disclosure. Refusal to appear or submit to examination, or failure to obey any lawful order based thereon, shall constitute contempt of court.History: L. 1939, ch. 180, § 192; L. 1985, ch. 191, § 35; July 1.
KS Stat § 59-2217a (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2217a Contempt of court.

59-2217a. Contempt of court. (a) If any person neglects or refuses to perform an order or judgment of a court, other than for the payment of money, such person shall be guilty of contempt of court; and the court shall issue an order to appear and show cause requiring such person, on a day to be stated in such order, to appear before the court and show cause why such person should not be punished for contempt. If, after proper service of the order to appear and show cause, such person served shall not on the day appointed appear before the court as ordered, or if it appears to the court that such person is secreting oneself to avoid the process of the court, the court may issue a bench warrant commanding that such person be brought before the court to answer for contempt.(b) This section shall be part of and supplemental to the Kansas probate code.History: L. 1994, ch. 128, § 1; July 1.
KS Stat § 59-2219 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2219 Petition for administration.

59-2219. Petition for administration. A petition for administration shall state: (1) The name, residence, and date and place of death, of the decedent; (2) the names, ages, residences, and addresses of the heirs of the decedent so far as known or can with reasonable diligence be ascertained; (3) the general character and probable value of the real and personal property; (4) the name, residence and address of the person for whom letters are prayed; and (5) whether administration is sought under the Kansas simplified estates act, and if such administration is sought, one or more reasons for seeking administration under the Kansas simplified estates act.History: L. 1939, ch. 180, § 195; L. 1975, ch. 299, § 14; Jan. 1, 1976.
KS Stat § 59-2220 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2220 Petition for probate of will.

59-2220. Petition for probate of will. A petition for the probate of a will, in addition to the requirements of a petition for administration, shall state: (a) The names, ages, residences and addresses of the devisees and legatees so far as known or can with reasonable diligence be ascertained; (b) the name, residence, and address of the person, if any, named as executor; and (c) the name and address of the scrivener of the will, if known or ascertainable with due diligence. The will shall accompany the petition if it can be produced. The petition may also state whether a surviving spouse has executed a consent to the will, in which event the consent shall accompany the petition if the consent can be produced. A petition for the probate of a lost or destroyed will shall contain a statement of the provisions of the will.History: L. 1939, ch. 180, § 196; L. 1972, ch. 215, § 22; L. 1981, ch. 228, § 1; July 1.
KS Stat § 59-2221 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2221 Who may petition for probate or administration.

59-2221. Who may petition for probate or administration. Any person interested in the estate, after the death of the testator or intestate, may petition for the probate of his or her will or for administration.History: L. 1939, ch. 180, § 197; July 1.
KS Stat § 59-2222 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2222 Notice of hearing; contents.

59-2222. Notice of hearing; contents. (a) When a petition is filed for the probate of a will, for the determination that the consent of a spouse to a will is a valid and binding consent, for administration or for refusal to grant letters of administration, the court shall fix the time and place for the hearing thereof. Notice of the hearing shall be given pursuant to K.S.A. 59-2209, and amendments thereto, unless the court makes an order to the contrary. If notice is by order of the court not required to be given pursuant to K.S.A. 59-2209, and amendments thereto, the court shall order notice of the hearing to be given, unless waived, in such manner as the court directs.(b) When the petition seeks simplified administration, the notice shall advise all persons that under provisions for simplified administration the court need not supervise administration of the estate, and no notice of any action of the executor or administrator or other proceedings in the administration will be given, except for notice of final settlement of [the] decedent's estate. The notice shall further advise all persons that if written objections to simplified administration are filed with the court, the court may order that supervised administration ensue.(c) When a petition has been filed for the refusal of letters of administration, pursuant to K.S.A. 59-2287, and amendments thereto, the notice given shall advise all persons that at such hearing exempt property and a reasonable allowance will be set aside to the surviving spouse and minor children, or both, and that no further notice of the proceeding will be given.(d) When the state is a party, the notice shall be served upon the attorney general and the county or district attorney of the county.(e) If the decedent or a predeceased spouse of the decedent received medical assistance payment under K.S.A. 39-709, and amendments thereto, or the laws of any other state, the state or states providing such payment or payments shall be entitled to notice. Such notice shall be given to the agency or department responsible for the recovery of medical assistance in Kansas or, if a state other than Kansas, to the attorney general of such state or states.History: L. 1939, ch. 180, § 198; L. 1941, ch. 284, § 15; L. 1975, ch. 299, § 15; L. 1981, ch. 228, § 2; L. 2007, ch. 190, § 13; L. 2015, ch. 42, § 15; July 1.
KS Stat § 59-2223 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2223 Hearing; entry of appearance, waiver of notice and consent to immediate hearing.

59-2223. Hearing; entry of appearance, waiver of notice and consent to immediate hearing. When a petition is filed for the probate of a will, for the determination that a consent of a spouse to a will is a valid and binding consent or for administration, if all the parties interested as heirs, devisees and legatees enter their appearance in writing, duly acknowledged, waive the notice otherwise required and consent to an immediate hearing, a hearing may be held, in the discretion of the court, as if notice had been given. Such entry of appearance, waiver of notice and consent to an immediate hearing may be given by: (a) A trustee on behalf of the trustee and all beneficiaries of the trust; (b) a conservator on behalf of the conservator and all the conservator's conservatees; (c) a guardian on behalf of the guardian and all the guardian's wards; (d) a guardian ad litem on behalf of the guardian ad litem and all of those whom the guardian ad litem represents; or (e) by an attorney under the servicemembers civil relief act on behalf of an attorney appointed pursuant to the servicemembers civil relief act and all of those whom such attorney represents.History: L. 1939, ch. 180, § 199; L. 1975, ch. 299, § 16; L. 1981, ch. 228, § 3; L. 1987, ch. 211, § 1; L. 2005, ch. 45, § 3; July 1.
KS Stat § 59-2224 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2224 Hearings for probate and for determination of validity of spouse's consent; procedure.

59-2224. Hearings for probate and for determination of validity of spouse's consent; procedure. The hearing of a petition for the probate of a will and the hearing of a petition for the determination that the consent of the spouse to the will is a valid and binding consent shall be separate issues which, in the discretion of the court, may be determined in a consolidated hearing or in separate hearings. On the hearing of a petition for the probate of a will or for the determination that the consent of a spouse to a will is a valid and binding consent, unless it is an uncontested, self-proved will or consent, the testimony of at least two of the subscribing witnesses shall be taken in person, by affidavit or by deposition. The court may waive the requirement of such testimony of such subscribing witnesses upon a proper showing that such witnesses are unavailable or cannot be located. Otherwise, the court may admit the testimony of other witnesses to prove the capacity of the testator or the spouse and the due execution of the will or consent and, as evidence of such execution, may admit proof of the handwriting of the testator or the spouse and of the subscribing witnesses. Any heir, devisee, or legatee may prosecute or oppose the probate of any will or the determination that the consent of the spouse to the will is a valid and binding consent. If the instrument alleged to be the will is not allowed as the last will and if the estate should be administered, the court shall grant administration to the person or persons entitled thereto.History: L. 1939, ch. 180, § 200; L. 1963, ch. 299, § 1; L. 1975, ch. 299, § 17; L. 1977, ch. 197, § 2; L. 1981, ch. 228, § 4; L. 1996, ch. 106, § 1; July 1.
KS Stat § 59-2225 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2225 Hearing on will in opposition.

59-2225. Hearing on will in opposition. If, after a petition for the probate of a will has been filed, another instrument in writing purporting to be the last will or codicil shall be presented, proceedings shall be had for the probate thereof and thereupon the hearing on the petition theretofore filed shall be adjourned to the time fixed for the hearing of the subsequent petition. At such time proof shall be had upon all of such wills, codicils, and all matters pertaining thereto, and the court shall determine which of such instruments, if any, should be allowed as the last will.History: L. 1939. ch. 180, § 201; July 1.
KS Stat § 59-2226 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2226 Will presented after probate of will.

59-2226. Will presented after probate of will. If, after a will has been admitted to probate, a later instrument in writing purporting to be the last will or codicil shall be presented, proceedings shall be had for the probate thereof, but notice of the hearing thereof shall be given to the devisees and legatees named in the will admitted to probate in addition to the heirs, and the devisees and legatees named in the will or codicil presented for probate. If the court admits the later will or codicil to probate, the order so admitting such will or codicil shall operate as a revocation of the order admitting the earlier will to probate so far as is necessary to give effect to the later will or codicil.History: L. 1939, ch. 180, § 202; July 1.
KS Stat § 59-2227 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2227 Granting of letters.

59-2227. Granting of letters. Upon admission of the will to probate, the court shall appoint an executor or administrator with the will annexed and fix the amount of his or her bond as required by law, if such is required. If any person appointed does not qualify within ten days, the court may, with or without notice, grant letters to another or others. Upon filing of the oath and bond as required by law, letters shall issue.History: L. 1939, ch. 180, § 203; July 1.
KS Stat § 59-2228 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2228 Hearing for probate of lost will.

59-2228. Hearing for probate of lost will. A lost or destroyed will may be established if its provisions are clearly and distinctly proved. When such will is established the provisions thereof shall be distinctly stated, certified by the court, and filed and recorded. Letters shall issue thereon as in the case of other wills.History: L. 1939, ch. 180, § 204; L. 1976, ch. 245, § 1; July 1.
KS Stat § 59-2229 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2229 Admission of will probated outside state.

59-2229. Admission of will probated outside state. When a copy of a will executed outside this state and the probate of it, duly authenticated, is presented by the executor or any other person interested in the will, with a petition for its probate, the court shall fix the time and place for the hearing of the petition, notice of which shall be given to such persons and in such manner as the court directs. The title of any purchaser in good faith, without knowledge of the will, to any property derived from the fiduciary, heirs, devisees or legatees of the decedent shall not be defeated by the production of the will of the decedent and the petition for its probate after six months from the death of the decedent.History: L. 1939, ch. 180, § 205; L. 1982, ch. 235, § 3; L. 1983, ch. 189, § 1; L. 1985, ch. 191, § 36; July 1.
KS Stat § 59-2230 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2230 Admission of will probated elsewhere.

59-2230. Admission of will probated elsewhere. (a) If, upon the hearing, it appears to the satisfaction of the court that the will of a resident or nonresident has been proved and admitted to probate outside this state and that it was executed according to the law of the place in which it was made, or in which the testator resided at the time of its execution or of the testator's death or in conformity with the laws of this state, it shall be admitted to probate with the same force and effect as the original probate of a will.(b) The amendments to this section on July 1, 1982, and on the effective date of this act are declarations of the meaning of this section as it existed on June 30, 1982, and shall apply to any will, whether proved and admitted to probate outside this state before or after July 1, 1982, or before or after the effective date of this act.History: L. 1939, ch. 180, § 206; L. 1982, ch. 235, § 4; L. 1984, ch. 210, § 1; March 15.
KS Stat § 59-2231 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2231 Record of order setting aside will probated elsewhere.

59-2231. Record of order setting aside will probated elsewhere. If such will shall later be set aside according to the law of the place where it was originally proved and admitted to probate, a duly authenticated copy of the final decree setting said will aside may be admitted to record in this state in the same manner and with like notice as the authenticated copy of said will was admitted to probate, and when so admitted to record shall have the same force and effect as a like order as to domestic will, unless the heirs, devisees, and legatees thereunder shall have been determined under the provisions of K.S.A. 59-2249.History: L. 1939, ch. 180, § 207; July 1.
KS Stat § 59-2232 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2232 Hearing for administration.

59-2232. Hearing for administration. On the hearing of a petition for administration and proof thereof, the court shall appoint an administrator and fix the amount of his or her bond, as required by law. If the person appointed neglects for ten days after written notice of such appointment, served as the court may direct, to file the oath and bond required by law, such neglect shall be deemed a refusal to serve and the court, with or without notice, may appoint such other person or persons as may be entitled to administer such estate.History: L. 1939, ch. 180, § 208; July 1.
KS Stat § 59-2233 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2233 Notice to surviving spouse.

59-2233. Notice to surviving spouse. (a) Upon the appointment and qualification of any administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto, the administrator, executor, petitioner or affiant shall forthwith mail a copy of the will, if any, together with a notice statement to the surviving spouse stating: "Under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, you may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death." Such notice shall be mailed within 10 days of the qualification of the administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto. Proof shall be by affidavit filed with the court.(b) The mailing requirement of subsection (a) may be waived if:(1) The surviving spouse is the petitioner or affiant; and(2) a statement that the surviving spouse is aware that under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, the surviving spouse may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death is:(A) Included in the petition for letters of administration, the petition for probate of a will, the petition for an order refusing to grant letters of administration or the affidavit pursuant to K.S.A. 59-618a, and amendments thereto; or(B) included in an affidavit filed in the matter within 10 days after issuance of letters of administration, issuance of letters of testamentary, issuance of an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto.History: L. 1939, ch. 180, § 209; L. 1951, ch. 335, § 2; L. 1972, ch. 215, § 13; L. 1975, ch. 299, § 18; L. 1976, ch. 242, § 34; L. 1981, ch. 228, § 5; L. 1994, ch. 132, § 20; L. 1996, ch. 53, § 7; L. 2006, ch. 52, § 1; July 1.
KS Stat § 59-2233a (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2233a Same; 59-603 and 59-2233 not retroactive.

59-2233a. Same; 59-603 and 59-2233 not retroactive. The provisions of this act shall govern in proceedings on wills admitted to probate after the effective date of this act, and the provisions of sections 59-603 and 59-2233 of the General Statutes of 1949 as existing prior to amendment by this act, shall govern in proceedings on wills admitted to probate before the effective date of this act.History: L. 1951, ch. 335, § 3; June 30.
KS Stat § 59-2234 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 22 - Probate Procedure|59-2234 Election in case of incapacity.

59-2234. Election in case of incapacity. If the surviving spouse shall be an incapacitated person, it shall be the duty of the court to appoint some suitable person as commissioner, who shall ascertain the value of the provision made by will in lieu of the rights in the estate secured by statute and the value of the rights secured by statute. The commissioner shall make his or her verified written report to the court. Notice of the time and place of the hearing of the petition for the appointment of a commissioner and of the hearing on the commissioner's report shall be given to the surviving spouse and his or her conservator, if any, and all other persons interested in such manner and for such length of time as the court shall direct. After the hearing on the report the court shall make such election for such spouse under disability as is more valuable or advantageous to the spouse, which election shall be deemed as effectual as if made by the spouse when fully competent.History: L. 1939, ch. 180, § 210; L. 1965, ch. 346, § 33; Jan. 1, 1966.