reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,213 Waiver of right of election and other rights by surviving spouse; requirements; procedures.

59-6a213.
Waiver of right of election and other rights by surviving spouse; requirements; procedures.
(a) The right of election of a surviving spouse and the rights of the surviving spouse to the homestead, the homestead allowance or the family allowance, or all of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, consent to any instrument, or waiver signed by the surviving spouse.
(b) A surviving spouse's waiver is not enforceable if the surviving spouse proves that:
(1) The surviving spouse did not execute the waiver voluntarily; or
(2) the waiver was unconscionable when it was executed and, before execution of the waiver, the surviving spouse:
(A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent;
(B) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and
(C) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.
(c) An issue of unconscionability of a waiver is for decision by the court as a matter of law.
(d) Unless it provides to the contrary, a waiver of "all rights," or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share benefits that would otherwise pass to such spouse from the other by intestate succession or by virtue of any will executed before the waiver or property settlement. For documents executed on and after July 1, 2002, to waive the homestead, the homestead allowance or the family allowance, or all of them, the language of the document must clearly provide that the homestead, the homestead allowance or the family allowance, or all of them, were understandably and knowledgeably waived by each spouse, if applicable.
History:
L. 1994, ch. 132, § 13; L. 2002, ch. 135, § 3; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,214 Protection of payors and other third parties.

59-6a214.
Protection of payors and other third parties.
(a) Although under K.S.A. 59-6a205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice from the surviving spouse or spouse's representative of an intention to file a petition for the elective share or that a petition for the elective share has been filed. A payor or other third party is liable for payments made or other actions taken after the payor or other third party received written notice of an intention to file a petition for the elective share or that a petition for the elective share has been filed.
(b) The written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under subsection (d) of K.S.A. 59-6a211, shall order disbursement in accordance with the determination. If no petition is filed in the court within the specified time under subsection (a) of K.S.A. 59-6a211 or, if filed, the demand for an elective share is withdrawn under subsection (c) of K.S.A. 59-6a211, the court shall order disbursement to the designated beneficiary. Payments or transfers to the court or deposits made to the court discharge the payor or other third party from all claims for value of amounts so paid or the value of property so transferred or deposited.
(c) Upon petition to the district court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with chapter 59 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1994, ch. 132, § 14; January 1, 1995.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,215 Homestead or homestead allowance.

59-6a215. Homestead or homestead allowance.
A surviving spouse is entitled to the homestead, or in lieu thereof the surviving spouse may elect to receive a homestead allowance of $75,000. The homestead or homestead allowance is exempt from and has priority over all demands against the estate. The homestead or homestead allowance is in addition to any share passing to the surviving spouse by way of elective share.
History:
L. 1994, ch. 132, § 15; L. 1996, ch. 53, § 6; L. 2000, ch. 25, § 2; L. 2008, ch. 14, § 2; L. 2023, ch. 77, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,216 Effectiveness of act.

59-6a216.
Effectiveness of act.
Any act done in any proceeding or any irrevocably accrued right acquired, before the effective date of this act is not impaired by this act. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right.
History:
L. 1994, ch. 132, § 16; January 1, 1995.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,217 Severability.

59-6a217.
Severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given affect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
L. 1994, ch. 132, § 17; January 1, 1995.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 7 - Letters Testamentary And Of Administration › 59-701 Letters testamentary.

59-701.
Letters testamentary.
Letters testamentary shall be granted to the executor, if any is named in the will, if he or she is legally competent and shall accept the trust; otherwise letters of administration shall be granted with the will annexed.
History:
L. 1939, ch. 180, § 58; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 7 - Letters Testamentary And Of Administration › 59-702 Minor as executor.

59-702.
Minor as executor.
When a person appointed executor is a minor and without the rights of majority at the time of proving the will, administration may be granted with the will annexed during his or her minority or disability, unless there is another executor who will accept the trust, in which case the estate shall be administered by such other executor until the minor shall arrive at full age or shall possess the rights of majority, when he or she may be admitted as joint executor with the former.
History:
L. 1939, ch. 180, § 59; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 7 - Letters Testamentary And Of Administration › 59-703 Executor of an executor.

59-703.
Executor of an executor.
The executor of an executor shall have no authority as such to administer the estate of the first testator.
History:
L. 1939, ch. 180, § 60; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 7 - Letters Testamentary And Of Administration › 59-704 Powers of executor before letters granted.

59-704.
Powers of executor before letters granted.
No executor named in a will shall, before letters testamentary are granted, have any power to dispose of any part of the estate of the testator, except to pay reasonable funeral expenses, nor to interfere in any manner with such estate, further than is necessary for its conservation.
History:
L. 1939, ch. 180, § 61; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 7 - Letters Testamentary And Of Administration › 59-705 To whom administration granted.

59-705.
To whom administration granted.
Administration of the estate of a person dying intestate shall be granted to one or more of the persons hereinafter mentioned, suitable and competent to discharge the trust, and in the following order:
(1) The surviving spouse or next of kin, or both, as the court may determine, or some person or persons selected by them or any of them.
(2) If all such persons are incompetent or unsuitable, or do not accept, administration may be granted to one or more of the creditors, or to a nominee or nominees thereof.
(3) Whenever the court determines that it is for the best interests of the estate and all persons interested therein, administration may be granted to any other person, whether interested in the estate or not.
History:
L. 1939, ch. 180, § 62; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 7 - Letters Testamentary And Of Administration › 59-706 Letters of administration and letters testamentary granted to nonresident; appointment of agent required.

59-706.
Letters of administration and letters testamentary granted to nonresident; appointment of agent required.
In cases of administration of a resident's estate:
(a) Letters of administration may be granted to a nonresident of this state when the nonresident has appointed an agent pursuant to K.S.A. 59-1706, and amendments thereto. When an administrator of a resident's estate becomes a nonresident, the court shall revoke such administrator's letters, until the nonresident has appointed an agent pursuant to K.S.A. 59-1706, and amendments thereto.
(b) Letters testamentary may be granted to a nonresident of this state when the nonresident has appointed an agent pursuant to K.S.A. 59-1706, and amendments thereto. When an executor of a resident's estate becomes a nonresident, the court shall revoke such nonresident's letters, until the nonresident has appointed an agent pursuant to K.S.A. 59-1706, and amendments thereto.
History:
L. 1939, ch. 180, § 63; L. 1967, ch. 314, § 9; L. 1975, ch. 299, § 4; L. 1976, ch. 242, § 8; L. 2002, ch. 135, § 4; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 7 - Letters Testamentary And Of Administration › 59-707 Effect of will on administration.

59-707.
Effect of will on administration.
If, after the appointment of an administrator, a will is admitted to probate, the powers of such administrator shall cease, and he or she shall proceed to final accounting. The new executor or administrator with the will annexed shall continue the administration.
History:
L. 1939, ch. 180, § 64; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 7 - Letters Testamentary And Of Administration › 59-708 Administrator de bonis non.

59-708.
Administrator de bonis non.
If the authority of the sole or surviving executor or administrator terminates before the estate is fully administered, a new administrator shall be appointed to administer the estate not already administered. Such successor shall have the same powers and duties as his or her predecessor.
History:
L. 1939, ch. 180, § 65; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 7 - Letters Testamentary And Of Administration › 59-709 Filing of certain petitions; notice to creditors.

59-709.
Filing of certain petitions; notice to creditors.
(a) Every petitioner who files a petition for administration or probate of a will shall give notice thereof to creditors, pursuant to an order of the court, and within 10 days after such filing. Such notice shall be published in some newspaper of the county authorized by law to publish legal notices and shall be published once a week for three consecutive weeks. A petitioner for the appointment of a successor administrator, administrator CTA or administrator DBN shall publish notice to creditors only in the event the original petitioner for administration or for the probate of a will had failed to give such notice.
(b) The personal representative of a decedent's estate shall give actual notice to known or reasonably ascertainable creditors prior to the expiration of the nonclaim statute.
(c) Notwithstanding any other notice requirements of the probate code, notice to creditors shall not be necessary if a petition for administration or probate of a will shall have been filed after the period of time prescribed by K.S.A. 59-2239, and amendments thereto, for the timely exhibit of creditors' claims.
History: L. 1939, ch. 180, § 66; L. 1972, ch. 215, § 3; L. 1975, ch. 299, § 5; L. 1976, ch. 245, § 3; L. 1989, ch. 173, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 7 - Letters Testamentary And Of Administration › 59-710 Special administrator; appointment; bond; duties.

59-710.
Special administrator; appointment; bond; duties.
For good cause shown a special administrator may be appointed pending the appointment of an executor or administrator, after the appointment of an executor or administrator without removing the executor or administrator or pursuant to subsection (2) of K.S.A. 59-2239 as amended by this act. The appointment may be for a specified time, to perform duties respecting specific property, or to perform particular acts. The duties of a special administrator shall be stated in the order of appointment. The special administrator may be required to give bond in such sum as the court shall direct. Such administrator shall make such reports as the court shall direct, and shall account to the court upon the termination of his or her authority.
History: L. 1939, ch. 180, § 67; L. 1972, ch. 215, § 4; July 2.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 8 - Estates Of Nonresidents › 59-803 Innocent purchaser from heirs.

59-803.
Innocent purchaser from heirs.
The title of any purchaser in good faith, without knowledge of a will, to any real estate situated in this state, derived from the heirs of any person not domiciled in this state at the time of the person's death, shall not be defeated by the production of the will of the decedent unless a petition for the probate of such will in this state is filed within six months from the death of the testator.
History: L. 1939, ch. 180, § 70; L. 1972, ch. 215, § 5; L. 1985, ch. 191, § 11; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 8 - Estates Of Nonresidents › 59-804 Estates of nonresident decedents; independent proceedings; laws applicable.

59-804.
Estates of nonresident decedents; independent proceedings; laws applicable.
Administration proceedings and other procedures in this state with respect to property, tangible or intangible, of a nonresident decedent which is within the jurisdiction of this state are original proceedings or procedures conducted under the authority of this state solely, and are independent of and not ancillary to proceedings or procedures in any other state or country, and shall be had and conducted in this state as if the decedent were a resident, subject to and supplemented by the provisions in the following sections of this act [*].
History:
L. 1967, ch. 314, § 1; July 1.
* "This act," see also 59-706, 59-804 to 59-811, 59-1401, 59-1701, 59-2203.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 8 - Estates Of Nonresidents › 59-805 Estates of nonresident decedents; jurisdiction of courts.

59-805.
Estates of nonresident decedents; jurisdiction of courts.
(a) The courts of this state have jurisdiction over all tangible and intangible property of a nonresident decedent having a situs in this state and intangible property embodied in insurance policies as authorized by subsection (b). For the purpose of such jurisdiction it is recognized as to other states and countries, and declared with respect to this state, that the situs of debts, rights and choses in action which are embodied in legal instruments such as stock certificates, bonds, negotiable instruments, insurance policies payable to an estate and other similar items is in that state or country in which such legal instruments are located, so that whatever state or country has jurisdiction of such instruments has, and of right ought to have, jurisdiction to administer upon or otherwise direct the disposition of the debts, rights and choses in action which they embody, or voluntarily relinquish such jurisdiction to other states and countries. For such purpose the situs of other debts, rights and choses in action is where the debtor is found.
(b) A person injured by a nonresident's tortious conduct in this state may petition the district court of this state for appointment of an administrator for the nonresident's estate if:
(1) The nonresident is deceased;
(2) pursuant to insurance coverage obtained on behalf of the nonresident, an insurer is wholly or partially liable for the tortious conduct of the nonresident; and
(3) either administration of the nonresident's estate has not been commenced in the decedent's state of residence, or if, such administration has been commenced, the injured person nevertheless would be denied relief because the probate laws of such state have provisions relating to the time for exhibiting demands against an estate, or other time related provisions, which have the effect of barring claims prior to the time claims would be barred by the applicable statute of limitations in this state.
History:
L. 1967, ch. 314, § 2; L. 1980, ch. 166, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 8 - Estates Of Nonresidents › 59-807 estamentary designees; granting letters testamentary.

59-807.
T
estamentary designees; granting letters testamentary.
(a) When the will of a nonresident decedent designates one or more individuals or a qualified corporation as executor, letters testamentary shall be granted to any or all of the designees as in estates of resident decedents. If such designated individual or corporation has not applied in this state for such letters, any interested person may apply for the issuance of letters testamentary and, after reasonable notice to such individual or qualified corporation of such application, the manner and nature of which is to be determined by the court, and after hearing thereon, and if such individual or corporation be found unsuitable, incompetent, or unqualified, or does not qualify within seven days after being found by the court to be entitled thereto, then the court may issue letters testamentary with will annexed to such other person, persons or corporations as in this section provided.
(b) When the nonresident decedent dies intestate or dies testate and no letters testamentary are granted as in this section heretofore provided, then letters of administration, upon proper application by an interested person, may be granted to the following persons:
(1) To the husband or wife or to the nominee of the husband or wife who is an individual or a qualified corporation of this state;
(2) To one or more individuals who are entitled to distribution of the estate, whom the court shall believe will best manage and preserve the estate, or to a nominee of one or more of those entitled to distribution of the estate. Such nominee shall be an individual or a qualified corporation of this state.
(c) If proper application by an interested person for the issuance of letters, either to the applicant or otherwise, has been made, and if the court believes that no one of the persons otherwise entitled under this section to have letters issued to such person is a competent and suitable person, then the court may grant letters to some other person or to a qualified corporation of this state.
History:
L. 1967, ch. 314, § 4; L. 2010, ch. 135, § 58; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 8 - Estates Of Nonresidents › 59-808 Estates of nonresident decedents; rights and duties of personal representative; payment of taxes.

59-808.
Estates of nonresident decedents; rights and duties of personal representative; payment of taxes.
(a) The personal representative of a nonresident decedent appointed by a court of this state is entitled to possession of all real and personal property of the decedent within the jurisdiction of this state and, subject to the laws of this state and the orders of such court, is entitled to all the rights the decedent had in that property.
(b) The personal representative shall:
(1) Marshal all the decedent's personal property and shall take possession of it, to be held, administered and finally distributed as provided by law;
(2) pay the taxes and collect the rents and earnings on the property until the estate is settled or until delivered by order of the court to the heirs, devisees and legatees; and
(3) keep in tenantable repair the buildings and fixtures under the personal representative's control and may protect them by insurance. The personal representative, alone or with the heirs or devisees, may maintain an action for the possession of the real estate or to quiet title to it. The persons and corporations obligated under (including issuers of) stocks, securities or other instruments such as those described in K.S.A. 59-805 and amendments thereto, and their agents, are prohibited from obstructing in any way such possession or the exercise of such rights by such personal representative. No estate tax or inheritance tax waiver or any other authority or permission of any other state may be required by such persons, corporations or their agents as a condition to the payment or delivery of any money or property due under such instruments or to the transfer, reregistration or reissuance of stock certificates or other securities as ordered by the court.
(c) The court shall not order distribution of any intangible personal property of the decedent, or the proceeds of its sale, to any legatee, devisee or heir of the decedent unless the estate and inheritance taxes attributable to such property, which are properly assessed or assessable by any other state, have been paid, tendered or provided for, and the court so finds and declares in its order of distribution.
History:
L. 1967, ch. 314, § 5; L. 1985, ch. 191, § 12; L. 2000, ch. 76, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 8 - Estates Of Nonresidents › 59-809 Same; payment or delivery of intangible personal property to foreign representative, when.

59-809.
Same; payment or delivery of intangible personal property to foreign representative, when.
Any person, firm or corporation upon whom no demand has been made by a personal representative or other person authorized by this state to collect a nonresident decedent's personal property may, at any time three (3) months or more after the grant of letters in another jurisdiction upon the estate of the decedent (or, lacking notice of any such grant of letters within three (3) months after his or her death, then three (3) months or more after his or her death), transfer, pay or deliver intangible personal property of the nonresident decedent to the foreign personal representative or, if none, to such other person as may be entitled thereto, and shall not be liable for the debts of or claims against the nonresident decedent or his or her estate by reason of having made such transfer, payment or delivery.
History:
L. 1967, ch. 314, § 6; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 8 - Estates Of Nonresidents › 59-810 Same; acting in fiduciary capacity by foreign corporation.

59-810.
Same; acting in fiduciary capacity by foreign corporation.
Nothing in this act authorizes any "foreign corporation," as that term is defined in K.S.A. 59-1701, to act in any fiduciary capacity except as such foreign corporation is expressly permitted so to act by the provisions of K.S.A. 59-1701.
History:
L. 1967, ch. 314, § 7; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 8 - Estates Of Nonresidents › 59-811 Same; severability.

59-811.
Same; severability.
If any word, phrase, clause, sentence, paragraph, subsection or section of this act be adjudged unconstitutional or void, such adjudication shall not affect the remainder of this act, and it is hereby declared to be the intention of the legislature that it would have enacted the remainder of this act with such word, phrase, clause, sentence, paragraph, subsection or section omitted.
History:
L. 1967, ch. 314, § 8; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 8 - Estates Of Nonresidents › 59-812 Same; validation of certain proceedings.

59-812.
Same; validation of certain proceedings.
All proceedings, procedures and determinations made, under the provisions of the act of which this act is amendatory are hereby ratified, validated and confirmed.
History:
L. 1968, ch. 48, § 2; March 15.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 9 - Estates Of Intestates Without Heirs › 59-901 Administration; proceeds deposited in escheat proceeds suspense fund.

59-901.
Administration; proceeds deposited in escheat proceeds suspense fund.
The estate of an intestate decedent without known heirs shall be administered in the same manner as the estate of any other intestate decedent, except as herein otherwise provided. The administrator, as expeditiously as possible, shall convert the personal property into money and collect the rents, income and profits from the real estate. If no one claims as heir, devisee or legatee within six months after the appointment of the administrator, the administrator shall sell the real estate and close the estate as other estates are closed and remit the net proceeds of the estate to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the escheat proceeds suspense fund. All disbursements and transfers from such fund shall be made upon special warrants of the director of accounts and reports issued pursuant to special vouchers approved by the secretary of revenue or by a person or persons designated by the secretary.
History: L. 1939, ch. 180, § 71; L. 1972, ch. 215, § 6; L. 1973, ch. 231, § 1; L. 1985, ch. 191, § 13; L. 2001, ch. 5, § 206; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 9 - Estates Of Intestates Without Heirs › 59-902 Disposition of proceeds.

59-902.
Disposition of proceeds.
Moneys deposited in the escheat proceeds suspense fund shall remain in such fund until ten (10) years after it shall have been first received, at which time it shall be paid into the state treasury and credited to the state general fund, provided no one in the meantime has established his or her right thereto as heir, devisee or legatee.
History: L. 1939, ch. 180, § 72; L. 1972, ch. 216, § 1; L. 1973, ch. 231, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 9 - Estates Of Intestates Without Heirs › 59-903 Claimants to estate.

59-903.
Claimants to estate.
Any person who claims as heir of any such decedent shall present his or her claim to the district court within ten (10) years after the appointment and qualification of the administrator, or such claim shall be forever barred. If such person establishes his or her claim it shall be allowed by the court. The court shall determine which of several claimants have established their claims and the share of the estate to which each is entitled. If at the time of such determination the estate is in the custody of the administrator, the same shall be paid or delivered to those adjudged entitled thereto, less claims previously allowed and prior demands and other items. If the proceeds of the estate have been remitted to the state treasurer, the secretary of revenue shall pay to those entitled thereto the sum or share of the estate the court has adjudged they are entitled to receive. No interest shall be allowed or paid thereon.
History: L. 1939, ch. 180, § 73; L. 1973, ch. 231, § 3; L. 1976, ch. 242, § 10; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 9 - Estates Of Intestates Without Heirs › 59-904 Same; subsequent claimants.

59-904.
Same; subsequent claimants.
If others later, but within ten (10) years after the appointment and qualification of the administrator, claim as heirs of any such decedent and are thereafter adjudged to be heirs of the decedent and entitled to the said estate or some part thereof, and the said estate or its proceeds or some part thereof shall have been delivered or paid to those whose claims were earlier adjudged, neither the state nor the secretary of revenue shall be liable to such claimants for money previously paid to those adjudged to be heirs of the decedent. Such later claimants whose claims were duly established shall have a cause of action in the district court against the earlier claimants whose claims were established to determine the rights of the respective parties, subject to any prior determination of descent made pursuant to article 22 of chapter 59 of Kansas Statutes Annotated.
History: L. 1939, ch. 180, § 74; L. 1973, ch. 231, § 4; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 9 - Estates Of Intestates Without Heirs › 59-905 Duty of county attorney and attorney general.

59-905.
Duty of county attorney and attorney general.
The state shall be a party to all proceedings to which K.S.A. 59-901 applies. The county attorney shall represent the state and shall diligently protect and conserve the estate for the benefit of the state, scrutinize all claims against the estate, and diligently defend against all such claims. Claimants shall have the burden of proving their claims by clear and convincing evidence. The attorney general may appear and assist the county attorney, or take charge thereof in lieu of the county attorney. The state may institute any proceedings deemed necessary or proper in the handling of such estate, and defend any proceedings instituted by another. The attorney general may appoint such persons deemed necessary to investigate, protect, conserve, defend or handle such estate, and any such estate now pending or hereafter commenced in any court of this state shall be liable in a reasonable amount for all obligations and expenses incurred by the county attorney or attorney general in protecting, conserving, investigating, defending or handling of such estate, and the same shall be allowed by the district court as costs of administration upon application of the county attorney or attorney general and due proof.
History: L. 1939, ch. 180, § 75; L. 1973, ch. 231, § 5; L. 1976, ch. 242, § 11; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 10 - Partnership Estates › 59-1001 Management; bond.

59-1001.
Management; bond.
The property of a partnership dissolved by the death of any of its members shall be delivered to the surviving partner who may be disposed to undertake the management of it agreeably to the conditions of a bond which such partner shall give as provided by law. Upon the giving of such bond such partner shall with due diligence: (a) Close the affairs of the late partnership; (b) apply the property of it toward the payment of the partnership debts; (c) render an account of all partnership affairs upon oath to the district court, whenever required by the court, including the property owned by the late firm and the debts due thereto, as well as what may have been paid by the survivor toward the partnership debts and what may still be due and owing; and (d) within six months from the date of death of the deceased partner, unless a longer time is allowed by the district court, pay to the executor or administrator the executor's or administrator's proportion of the net proceeds of the partnership estate.
History: L. 1939, ch. 180, § 76; L. 1972, ch. 215, § 7; L. 1976, ch. 242, § 12; L. 1985, ch. 191, § 14; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 10 - Partnership Estates › 59-1002 When administrator takes charge.

59-1002.
When administrator takes charge.
In case the surviving partner, having been duly cited for that purpose, shall neglect or refuse to give the bond required by law, the executor or administrator of the estate of the deceased partner, on giving a bond as provided by law, shall take the whole of the partnership estate into his or her possession, and shall be authorized to use the name of the survivor in collecting the debts due to the late firm if necessary, and shall with the partnership property pay the debts due from the late firm with as much expedition as possible, and return or pay to the surviving partner his or her proportion of the net proceeds of the partnership estate.
History:
L. 1939, ch. 180, § 77; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 10 - Partnership Estates › 59-1003 Exhibition and surrender of property; statement; contempt.

59-1003.
Exhibition and surrender of property; statement; contempt.
Every surviving partner, on demand of the executor or administrator of a deceased partner, shall exhibit to such executor or administrator and the appraisers of the deceased partner's estate the property belonging to the partnership at the time of the death of the deceased partner, for inventory and appraisement and shall furnish him or her a verified written statement of such property described in the manner required for inventory; and in case the administration thereof shall devolve upon such executor or administrator the said survivor shall surrender to such person, on demand, all of the property of such partnership, and shall afford him or her all reasonable information and facilities for the execution of his or her trust. Willful failure or neglect by the surviving partner thus to exhibit or surrender such property, on demand, shall constitute contempt of court.
History:
L. 1939, ch. 180, § 78; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 10 - Partnership Estates › 59-1004 Sale of assets.

59-1004.
Sale of assets.
An executor or administrator having the whole of the partnership estate in his or her possession, as herein provided, may sell the assets thereof at public or private sale as provided by law, and may without such possession sell the interest of the deceased partner therein in the manner aforesaid. The surviving partner shall be an eligible purchaser.
History:
L. 1939, ch. 180, § 79; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 10 - Partnership Estates › 59-1005 Accounting; liabilities and penalties.

59-1005.
Accounting; liabilities and penalties.
The person executing the trust, whether surviving partner or executor or administrator, shall have the same duty to account and to have his or her account adjudicated as in the case of ordinary administration; and such person shall be subject to the same liabilities, remedies, and penalties with reference thereto as an ordinary administrator.
History:
L. 1939, ch. 180, § 80; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 11 - Bonds › 59-1101 Bond requirements and conditions.

59-1101.
Bond requirements and conditions.
Every fiduciary, except as otherwise provided in this act, before entering upon the duties of his or her trust shall execute and file a bond, with sufficient sureties, in such amount as the court directs, which amount shall not be less than 125 percent of the value of the personal property and the probable annual income from real estate which shall come into his or her possession, conditioned upon the faithful discharge of all the duties of the trust according to law.
History:
L. 1939, ch. 180, § 81; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 11 - Bonds › 59-1102 Approval and prosecution.

59-1102.
Approval and prosecution.
All such bonds shall run to the state of Kansas. They shall be subject to the approval of the district court and shall not be approved until the court is fully satisfied as to the sufficiency of the sureties. In case of breach of any condition thereof, an action on any such bond may be prosecuted in the name and for the benefit of any person interested.
History:
L. 1939, ch. 180, § 82; L. 1976, ch. 242, § 13; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 11 - Bonds › 59-1103 Joint or separate bonds.

59-1103.
Joint or separate bonds.
When two or more persons are appointed joint fiduciaries, the court may approve a separate bond for each or a joint bond for all.
History:
L. 1939, ch. 180, § 83; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 11 - Bonds › 59-1104 Bond may be excused; court may require at any time.

59-1104.
Bond may be excused; court may require at any time.
Bonds otherwise required of every fiduciary under the provisions of K.S.A. 59-1101 may be excused:
(1) When the will or trust agreement expressly waives a bond of an executor, conservator or trustee; or
(2) when all of the known heirs, if no will has been probated, or all the devisees and legatees under a will which does not waive a bond file with the court a written waiver of a bond; or
(3) by a duly appointed conservator, guardian ad litem or named trustee on behalf of his or her conservatee or cestui que trust or ward unless the conservator or trustee is the fiduciary; or
(4) when the fiduciary is a bank having trust authority or a trust company organized and having its principal place of business within the state of Kansas.
On the application of any interested party, or on its own motion, the court may at any time require bond be given.
History: L. 1939, ch. 180, § 84; L. 1965, ch. 346, § 9; L. 1975, ch. 299, § 6; January 1, 1976.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 11 - Bonds › 59-1105 Public, charitable or certain nonprofit corporation trustees; exceptions.

59-1105.
Public, charitable or certain nonprofit corporation trustees; exceptions.
No bond shall be required from any public, religious, charitable, or educational corporation or society, or any nonprofit Kansas corporation trustee where the purpose of the trust shall be financial aid to any Kansas educational institution or for research or for the financing of scholarships or fellowships at, or for the aid either through loans, grants or otherwise to the students of such institution, unless the will provides otherwise, where devises or legacies are given to such corporation or society in trust for any of the purposes of such corporation or society nor shall such trustee be required to file inventory or make reports as required in article 16 of this code unless the same shall be necessary under the terms of the instrument establishing the trust under which it operates or unless the district court having jurisdiction shall find, on petition and after due notice and hearing, that such bonds, inventory or reports are necessary for the purpose of compelling the faithful performance of the trust by the trustee named.
History:
L. 1939, ch. 180, § 85; L. 1945, ch. 235, § 1; L. 1976, ch. 242, § 14; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 11 - Bonds › 59-1106 Increase or reduction of bond; cancellation.

59-1106.
Increase or reduction of bond; cancellation.
The court, on its own motion or upon application of any interested person, may for good cause require a fiduciary to file a new or additional bond. Thereupon the fiduciary's accounts shall be settled, and if approved the liability of the sureties on such new or additional bond shall be limited to the property then in the possession of the fiduciary, or thereafter acquired by him or her. Whenever the court shall find the bond of a fiduciary is larger than necessary, it may, by order, reduce the liability thereon to the proper amount. It may, by like order, cancel any bond found to be unnecessary.
History:
L. 1939, ch. 180, § 86; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 11 - Bonds › 59-1107 New bond; discharge of surety.

59-1107.
New bond; discharge of surety.
The court shall, upon application of a surety and after notice, require a fiduciary to settle his or her account and file a new bond. If such account is approved, the surety shall be discharged from liability thereafter accruing. The fiduciary shall file a new bond, to be approved by the court, and if the fiduciary fails or refuses to do so he or she shall be removed.
History:
L. 1939, ch. 180, § 87; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 11 - Bonds › 59-1108 Bond requirement for reissuance of certain certificates inapplicable.

59-1108.
Bond requirement for reissuance of certain certificates inapplicable.
When an heir, administrator or executor requests that a lost, destroyed or stolen certificate for nonnegotiable securities belonging to the decedent, be reissued by the issuer of such securities, the bonding requirement provided in K.S.A. 84-8-405, shall not apply to such reissuance.
History:
L. 1980, ch. 166, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 11 - Bonds › 59-1109 Court canceled bond; showing just cause.

59-1109.
Court canceled bond; showing just cause.
The court may cancel a bond issued pursuant to article 11 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, upon a motion by the bonding company showing just cause. An accounting, through the date the motion is filed, shall accompany such motion. The court shall not grant the motion until the accounting is filed and approved. Just cause shall include, but not be limited to, nonpayment of a premium.
History:
L. 1988, ch. 64, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 12 - Inventory And Appraisement › 59-1201 Inventory and valuation.

59-1201.
Inventory and valuation.
Within 30 days after the date of a personal representative's letters of appointment, unless a longer time has been granted by the court, the personal representative shall make an inventory stating opposite each item contained in the inventory the full and fair value as of the date of death of the decedent, verified by the personal representative's affidavit, of all real estate and tangible personal property owned by the decedent or conservatee and located in the state of Kansas and of all intangible property owned by the decedent or conservatee wherever located which comes to the personal representative's possession or knowledge. Such property shall be classified therein as follows:
(a) Real estate, with plat or survey description;
(b) furniture, household goods, and wearing apparel;
(c) corporation stocks, described by certificate numbers;
(d) bonds, mortgages, notes and other written evidence of debt, described by name of debtor, recording data, and other identification; and
(e) all other personal property accurately identified.
If the decedent was a member of a partnership, the inventory and valuation shall contain a separate inventory and valuation of the whole of the partnership estate and of the decedent's proportional share therein.
The court, for good cause shown, may require an earlier inventory and valuation of any estate.
History: L. 1939, ch. 180, § 88; L. 1951, ch. 336, § 1; L. 1957, ch. 321, § 3; L. 1965, ch. 346, § 10; L. 1975, ch. 299, § 7; L. 1985, ch. 191, § 15; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 12 - Inventory And Appraisement › 59-1202 Independent appraisement, when; appointment of appraisers; submission of inventory and appraisement; compensation.

59-1202.
Independent appraisement, when; appointment of appraisers; submission of inventory and appraisement; compensation.
No independent appraisement shall be made unless a party having an interest in the estate requests one. If so requested, the personal representative shall appoint not more than three appraisers who shall be approved by the court unless good cause is shown why they should not be approved. Within 30 days after their appointment, such appraisers shall state opposite each item contained in the inventory the value thereof and forthwith deliver such inventory and appraisement, certified by them under oath, to the personal representative, who shall file it with the district court. Such appraisers shall be paid such compensation as the court deems reasonable.
History: L. 1939, ch. 180, § 89; L. 1951, ch. 337, § 1; L. 1965, ch. 346, § 11; L. 1969, ch. 280, § 1; L. 1975, ch. 299, § 8; L. 1976, ch. 242, § 15; L. 1985, ch. 191, § 16; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 12 - Inventory And Appraisement › 59-1203 Supplementary inventory.

59-1203.
Supplementary inventory.
Whenever assets of any kind, not mentioned in the inventory that has been made, come to the knowledge or possession of the personal representative, such representative shall make an inventory thereof, stating opposite each item contained in the inventory the value thereof. The personal representative shall file such inventory with the court within 30 days after the discovery of the assets.
History: L. 1939, ch. 180, § 90; L. 1975, ch. 299, § 9; L. 1985, ch. 191, § 17; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 12 - Inventory And Appraisement › 59-1204 Debt discharged by will to be included.

59-1204.
Debt discharged by will to be included.
The discharge or bequest, in a will, of any debt or demand of a testator against any person shall not be valid as against the creditors of decedent, but shall be construed only as a specific bequest of such debt or demand; and the amount thereof shall be included in the inventory of the assets of the decedent, and shall, if necessary, be applied to the payment of the decedent's debts, and other items, and if not necessary for that purpose, shall be paid in the same manner and proportion as other specific legacies.
History:
L. 1939, ch. 180, § 91; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 12 - Inventory And Appraisement › 59-1205 Debt of executor to be included.

59-1205.
Debt of executor to be included.
The naming of any person executor in a will shall not operate as a discharge or bequest of any just claim which the testator had against such executor, but such claim shall be included among the assets of the decedent in the inventory.
History:
L. 1939, ch. 180, § 92; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 12 - Inventory And Appraisement › 59-1206 Annual crops to be included.

59-1206.
Annual crops to be included.
Annual crops, whether severed or not from the land of the decedent at the time of death, shall be deemed personal assets in the custody of the executor or administrator and shall be inventoried and administered as such.
History:
L. 1939, ch. 180, § 93; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 12 - Inventory And Appraisement › 59-1207 Employment of advisers; compensation.

59-1207.
Employment of advisers; compensation.
The personal representative may employ one or more advisers to aid in valuing inventoried items. Such advisers shall be paid such compensation as the court deems reasonable.
History: L. 1939, ch. 180, § 94; L. 1949, ch. 311, § 1; L. 1957, ch. 322, § 1; L. 1961, ch. 268, § 1; L. 1975, ch. 299, § 10; L. 1985, ch. 191, § 18; July 1.