reglab/housing_qa huggingface dataset:
KS Stat § 59-1405 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 14 - Management And Sale Of Assets|59-1405 Order in which assets to be appropriated.

59-1405. Order in which assets to be appropriated. The property of a decedent, except as provided in K.S.A. 59-401 and 59-403, shall be liable for the payment of the decedent's debts and other lawful demands against the estate. When a will designates the property to be appropriated for the payment of debts or other items, it shall be applied to such purpose. Unless the will provides otherwise for the payment thereof, or unless the court shall otherwise determine pursuant to K.S.A. 59-1410 the property of the testator, subject to the payment of debts and other items, shall be applied to that purpose in the following order:(1) Personal property not disposed of by will;(2) real estate not disposed of by will;(3) personal property bequeathed to the residuary legatee;(4) real estate devised to the residuary devisee;(5) property not specifically bequeathed or devised;(6) property specifically bequeathed or devised.Demonstrative legacies shall be classed as specific legacies to the extent of the payment thereof from the fund or property out of which payment is to be made, and as general legacies upon failure or insufficiency of the fund or property out of which payment was to be made to the extent of such insufficiency. The property of each class shall be exhausted before resorting to that of the next class; and all of one class shall contribute ratably if all the property of that class is not required for the payment of such debts or other items.History: L. 1939, ch. 180, § 103; L. 1941, ch. 284, § 6; L. 1971, ch. 193, § 1; July 1.
KS Stat § 59-1406 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 14 - Management And Sale Of Assets|59-1406 Specifically bequeathed property.

59-1406. Specifically bequeathed property. Property specifically bequeathed may be delivered to the legatee entitled thereto upon his or her giving security for the redelivery thereof, or its appraised value, if ordered by the court so to do, to the executor or administrator; otherwise it shall remain in the custody of the executor or administrator, to be delivered or sold as may be required by law.History: L. 1939, ch. 180, § 104; L. 1941, ch. 284, § 7; April 17.
KS Stat § 59-1407 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 14 - Management And Sale Of Assets|59-1407 Sale of personal property.

59-1407. Sale of personal property. The executor or administrator shall, within such time as the court may direct, sell the personal property, or any part thereof, belonging to the estate: (1) When the sale of such property is necessary for the payment of debts and other items, or legacies; (2) when a division thereof cannot be made in kind to those entitled thereto; or (3) when the sale thereof is to the best interests of the estate.History: L. 1939, ch. 180, § 105; July 1.
KS Stat § 59-1408 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 14 - Management And Sale Of Assets|59-1408 Refund of legacies and distributive shares.

59-1408. Refund of legacies and distributive shares. If after the payment of legacies or distribution it becomes necessary that the same or any part thereof be refunded for the payment of debts or other items, the amount necessary to be refunded shall be apportioned among the legatees and distributees according to their liability for payment as provided in K.S.A. 59-1405.History: L. 1939, ch. 180, § 106; July 1.
KS Stat § 59-1409 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 14 - Management And Sale Of Assets|59-1409 Lease of property.

59-1409. Lease of property. The executor or administrator may lease real estate in his or her possession for a term of not more than one year. The executor or administrator, together with the heirs and devisees having an interest therein, may lease such real estate for a term longer than one year, and they may execute an oil and gas or other mineral lease for such real estate. The income from any lease, by whatever name called, shall be received by the executor or administrator as income from such property.History: L. 1939, ch. 180, § 107; July 1.
KS Stat § 59-1410 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 14 - Management And Sale Of Assets|59-1410 Sale of realty; conveyance to bona fide purchaser; effect.

59-1410. Sale of realty; conveyance to bona fide purchaser; effect. (a) The executor or administrator may sell real estate of a decedent (1) whenever the sale thereof is necessary for the payment of reasonable funeral expenses, expenses of last sickness, wages of servants during the last sickness, cost of administration, taxes, debts, or legacies charged upon such real estate, (2) whenever it shall be determined by the court that the real estate to be sold is a wasting asset and its retention will be detrimental to the estate and such sale is for the best interests of the estate or (3) at such other time as the court shall determine is for the best interests of the estate. The proceeds of any such sale which shall be available for distribution shall be distributed to the same persons and in the same shares as if it had remained real estate.(b) Every conveyance of real estate of a decedent to a bona fide purchaser, pursuant to the authority of this section, shall transfer such real estate free and clear from liens and claims of all creditors of the decedent of the estate of the decedent and of the heirs, devisees and legatees of the decedent and any such liens or claims shall be transferred to the proceeds of such sale received by the executor or administrator making the same but such transferral shall not affect tax liens against the estate.History: L. 1939, ch. 180, § 108; L. 1968, ch. 175, § 2; L. 1971, ch. 193, § 2; L. 1972, ch. 217, § 1; L. 1980, ch. 167, § 3; L. 2000, ch. 76, § 2; L. 2010, ch. 44, § 20; July 1.
KS Stat § 59-1411 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 14 - Management And Sale Of Assets|59-1411 When realty fraudulently conveyed to be included.

59-1411. When realty fraudulently conveyed to be included. The real estate liable to be sold to pay debts of a decedent shall include, so far as necessary for that purpose, all real estate conveyed by the decedent with intent to defraud his or her creditors; but no real estate so conveyed shall be taken from anyone who purchased it for a valuable consideration, in good faith, and without knowledge of the fraud, and no claim to real estate so conveyed shall be made unless within two years after the death of the grantor.History: L. 1939, ch. 180, § 109; July 1.
KS Stat § 59-1412 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 14 - Management And Sale Of Assets|59-1412 Sale of part or whole.

59-1412. Sale of part or whole. Whenever a sale of some part of the real estate is necessary and by such sale the residue thereof would suffer manifest injury, the sale may be of the whole or such part thereof as necessity and the interests of the estate require.History: L. 1939, ch. 180, § 110; July 1.
KS Stat § 59-1413 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 14 - Management And Sale Of Assets|59-1413 Sale under will; exercise of power; tax liens and claims.

59-1413. Sale under will; exercise of power; tax liens and claims. (a) If a will authorizes the executor to sell any property, the executor, or an administrator with the will annexed, may exercise such power without any order of the district court, unless the will provides otherwise. Subject to the limitations contained in K.S.A. 59-704, and amendments thereto, such power may be exercised at any time except when a proceeding to set aside or contest the will or to probate a later will of the decedent is pending.(b) Every conveyance of real estate of a decedent to a bona fide purchaser, pursuant to the authority of this section, shall transfer such real estate free and clear from liens and claims of all creditors of the decedent of the estate of the decedent and of the heirs, devisees and legatees of the decedent and any such liens or claims shall be transferred to the proceeds of such sale received by the executor or administrator making the same but such transferral shall not affect tax liens against the estate.History: L. 1939, ch. 180, § 111; L. 1951, ch. 338, § 1; L. 1967, ch. 315, § 1; L. 1976, ch. 242, § 16; L. 1980, ch. 167, § 4; L. 2000, ch. 76, § 3; L. 2010, ch. 44, § 21; July 1.
KS Stat § 59-1501 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 15 - Accounting And Distribution|59-1501 Duration of administration; reopening, when; costs.

59-1501. Duration of administration; reopening, when; costs. Every executor and administrator shall have nine (9) months from the date of his or her appointment for the settlement of the estate. An administrator de bonis non shall have such time, not exceeding nine (9) months as the court may determine. For cause shown the period herein limited may be extended by the court, not exceeding nine (9) months at a time. The executor or administrator shall not be disqualified thereafter in any way, unless removed, but he or she shall not be relieved from any loss, liability, or penalty incurred by failure to settle the estate within the time limited.That in case any executor or administrator shall fail or refuse for a period of thirty days after the expiration of said nine (9) months to make such settlement, he or she may be cited by the court for the purpose of making such settlement unless the time therefor has been extended by the court, and all costs connected with such citation and the hearing thereon shall be assessed against such executor or administrator, and not against the estate: Provided, In the event the return of said citation shows that the executor or administrator is not within the jurisdiction of said court, said estate may be closed by the order of the court without a publication notice when there has been no prosecution thereon for a period of five (5) years. Said estate may be reopened within one (1) year thereafter upon petition by a direct heir, executor or administrator who shall be charged with the costs thereof.History: L. 1939, ch. 180, § 112; L. 1941, ch. 284, § 17; L. 1972, ch. 215, § 10; July 2.
KS Stat § 59-1501a (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 15 - Accounting And Distribution|59-1501a Reopening estates of decedents; purposes.

59-1501a. Reopening estates of decedents; purposes. A testate or intestate estate which has been closed may be reopened in the manner herein provided for the purpose of:(a) Distributing property of the decedent which was not included in the inventory of the estate and is discovered after the estate is closed; or(b) executing or delivering a deed to real property which was transferred or sold prior to or during probate of the estate, or was distributed prior to closing of the estate, but the deed to which was not executed or was not delivered prior to closing of the estate.History: L. 1961, ch. 274, § 1; L. 1985, ch. 192, § 1; July 1.
KS Stat § 59-1501b (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 15 - Accounting And Distribution|59-1501b Same; who may petition; notice and hearing; distribution of assets and reclosing of estate.

59-1501b. Same; who may petition; notice and hearing; distribution of assets and reclosing of estate. Any unsatisfied creditor who filed a claim as provided by law in the decedent's estate, the department of revenue of the state of Kansas, any interested party or any personal representative, legatee, devisee or heir of the decedent may petition to reopen a decedent's estate for the purposes provided by K.S.A. 59-1501a, and amendments thereto. The district court shall thereupon set the petition for hearing and require notice of the hearing as provided by K.S.A. 59-2208, and amendments thereto.At the hearing, upon evidence and review of the court record, the court shall determine and order the distribution of the property or the execution or delivery of the deed in accordance with the journal entry of final settlement in the estate and the evidence before the court. The hearing upon the reopened estate shall then be summarily reclosed.The hearing provided for in this section may be continued by the court from time to time in the discretion of the court.Upon final reclosing hereunder of an estate which includes real estate, the court shall transmit a certified copy of the journal entry of final reclosing to the county clerk and the county clerk shall enter it on the transfer record in the county clerk's office.History: L. 1961, ch. 274, § 2; L. 1976, ch. 242, § 17; L. 1985, ch. 192, § 2; L. 1985, ch. 191, § 22; L. 1989, ch. 173, § 3; July 1.
KS Stat § 59-1502 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 15 - Accounting And Distribution|59-1502 Duty to account.

59-1502. Duty to account. Every executor or administrator shall present a verified account of administration within the time limited and make application to the court to settle and allow his or her account and to assign the estate to the persons entitled thereto. The executor or administrator shall also account at such other times as the court may require.History: L. 1939, ch. 180, § 113; July 1.
KS Stat § 59-1503 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 15 - Accounting And Distribution|59-1503 Time for distribution.

59-1503. Time for distribution. If at any time prior to final settlement it appears that there is sufficient money to satisfy all the demands against an estate, the executor or administrator, on order of the court, may make payment of legacies and distribution of shares, except that specific legacies shall be first satisfied. If any demands are not yet barred or six months have not passed since the date of death, no executor or administrator shall be compelled to pay legacies or make distribution unless ordered to do so by the court and until bond or security is given by the legatee or distributee to refund the legatee's or distributee's due proportion of any demand which may afterward be established against the estate and the cost of its recovery, except that upon petition of the executor or administrator, or upon petition of a legatee or distributee with the approval of the executor or administrator, the court may waive the requirement that bond or security be given by the legatee or distributee. Notwithstanding the foregoing provisions of this section, whenever any executor or administrator of an estate has been served prior to settlement with an order of garnishment having the effect of attaching and creating a first and prior lien upon any property or funds within the estate to which any person is or may become entitled as a legatee or distributee upon settlement and distribution of the estate, the executor or administrator shall not deliver or pay over any such property or funds to that legatee or distributee until further order of the court from which the order of garnishment was issued.History: L. 1939, ch. 180, § 114; L. 1971, ch. 194, § 1; L. 1972, ch. 222, § 13; L. 1972, ch. 215, § 11; L. 1985, ch. 191, § 23; July 1.
KS Stat § 59-1504 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 15 - Accounting And Distribution|59-1504 Compensation and expenses.

59-1504. Compensation and expenses. Whenever a decedent by will makes a provision for the compensation of his or her executor, that shall be taken as such executor's full compensation, unless the executor files a written instrument, renouncing all claim to the compensation provided for in the will. Whenever any person named in a will or codicil defends it, or prosecutes any proceedings in good faith and with just cause, for the purpose of having it admitted to probate, whether successful or not, or if any person successfully opposes the probate of any will or codicil, such person shall be allowed out of the estate his or her necessary expenses and disbursements in such proceedings, together with such compensation for such person's services and those of his or her attorneys as shall be just and proper.Any heir at law or beneficiary under a will who, in good faith and for good cause, successfully prosecutes or defends any other action for the benefit of the ultimate recipients of the estate may be allowed his or her necessary expenses, in the discretion of the court, including a reasonable attorney's fee.History: L. 1939, ch. 180, § 115; L. 1941, ch. 284, § 16; L. 1975, ch. 299, § 11; Jan. 1, 1976.
KS Stat § 59-1505 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 15 - Accounting And Distribution|59-1505 Conditions precedent to discharge.

59-1505. Conditions precedent to discharge. Whenever any bequest or devise is made to a testamentary trustee, the executor or administrator shall not be discharged, unless the will provides otherwise, until a trustee has qualified in a court of competent jurisdiction and until proof of such qualification has been made and a receipt by the trustee has been filed, except as otherwise provided. No executor or administrator who has received any funds for death by wrongful act shall be discharged until he or she has filed a certified copy of the order, judgment or decree of distribution of the court wherein such funds were recovered, and receipts from the persons entitled to such funds, or copies thereof certified by the clerk of such court. No executor or administrator who has been served with an order of garnishment, seeking to attach any funds or property of the estate to which the defendant in the garnishment proceedings is or may become entitled as a legatee or distributee of the estate, shall be discharged until obligations as garnishee shall have been satisfied in compliance with the order of garnishment and any further orders of the court from which said order of garnishment was issued.History: L. 1939, ch. 180, § 116; L. 1972, ch. 222, § 14; March 25.
KS Stat § 59-1506 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 15 - Accounting And Distribution|59-1506 Protection of remainderman's interest in personalty; bond.

59-1506. Protection of remainderman's interest in personalty; bond. When by will the use or income of personal property is given to a person for a term of years or for life, and another person has an interest in such property as remainderman, the court, unless the will provides otherwise, may order such property to be delivered to the person having the limited estate, or to be held by the executor or some other person as trustee for the benefit of the person having the limited estate. Bond may be required of the person to whom the property is delivered or by whom it is held, in the first instance or at any time prior to the termination of the limited estate.History: L. 1939, ch. 180, § 117; July 1.
KS Stat § 59-1507 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 15 - Accounting And Distribution|59-1507 Summary proceedings.

59-1507. Summary proceedings. Whenever it is established that the estate of a decedent, exclusive of the homestead and allowances to the spouse and minor children, does not exceed the amounts required for funeral expenses, expenses of last sickness, wages of servants during the last sickness, costs of administration, debts having preference under the laws of the United States or this state, and taxes, the executor or administrator may by order of the court pay the same in the order named, and present his or her account with an application for the settlement and allowance thereof. Thereupon the court with or without notice, may adjust, correct, settle, allow or disallow such account, and if the account is allowed, summarily determine the heirs, legatees, and devisees, and close the administration.History: L. 1939, ch. 180, § 118; July 1.
KS Stat § 59-1507a (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 15 - Accounting And Distribution|59-1507a Payment of certain benefits to certain relatives; discharge and release; affidavit.

59-1507a. Payment of certain benefits to certain relatives; discharge and release; affidavit. (a) If not less than 180 days after the death of an individual entitled at the time of death to a monthly benefit or benefits under title II of the social security act or under any veterans administration program or public or private retirement or annuity plan, all or part of the amount of such benefit or benefits, not in excess of $5,000, is paid to (1) the surviving spouse, (2) one or more of the deceased's children, or descendants of the deceased's deceased children, (3) the deceased's father or mother, or (4) the deceased's brother or sister, preference being given in the order named if more than one request for payment has been made by or for the named individuals, such payment shall be deemed to be a payment to the personal representative of the decedent and shall constitute a full discharge and release from any further claim for such payment to the same extent as if such payment had been made to an executor or administrator of the decedent's estate.(b) The provisions of subsection (a) shall apply only if an affidavit has been made and filed with the appropriate governmental office or private company responsible for the benefit by the surviving spouse or other relative by whom or on whose behalf request for payment is made and such affidavit shows (1) the date of death of the deceased, (2) the relationship of the affiant to the deceased, (3) that no executor or administrator for the deceased has qualified or been appointed, and (4) that, to the affiant's knowledge, there exists at the time of the filing of such affidavit, no relative of a closer degree of kindred to the deceased than the affiant.History: L. 1967, ch. 322, § 1; L. 1979, ch. 179, § 1; L. 1985, ch. 191, § 24; L. 2000, ch. 25, § 3; July 1.
KS Stat § 59-1507b (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 15 - Accounting And Distribution|59-1507b Transfer of certain personal property to successor, discharge and release, affidavit.

59-1507b. Transfer of certain personal property to successor, discharge and release, affidavit. When a resident of the state dies, whether testate or intestate, if the total assets of the estate of the decedent subject to probate do not exceed $40,000 in value, any personal property of whatever nature transferable to the decedent's estate by any entity or person shall be transferred to the successor or successors of the decedent, if entitled thereto by will or by intestate succession, without having been granted letters of administration or letters testamentary, upon such successor's or successors' furnishing the entity or person with an affidavit showing entitlement thereto. Transfer of such personal property to the successor or successors shall be deemed to be a transfer to the personal representative of the decedent, and the receipt of the successor or successors shall constitute a full discharge and release from any further claim for such transfer to the same extent as if the transfer had been made to an executor or administrator of the decedent's estate. The affidavit required herein shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.History: L. 1980, ch. 166, § 7; L. 1985, ch. 191, § 25; L. 1987, ch. 210, § 1; L. 2000, ch. 25, § 4; L. 2005, ch. 101, § 2; L. 2007, ch. 28, § 1; L. 2008, ch. 14, § 3; July 1.