reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2251 Decree of descent.

59-2251.
Decree of descent.
Upon the filing of a petition for determination of descent, the court shall fix the time and place for the hearing on the petition. Notice of any such hearing upon which title to real estate is to be assigned shall be given pursuant to K.S.A. 59-2209, and amendments thereto. In all other cases, notice shall be given or waived as provided in K.S.A. 59-2208, and amendments thereto. Upon proof of the petition, the court shall allow it and enter the court's decree assigning the property to the persons entitled thereto at the time of the decedent's death pursuant to the law of intestate succession in effect on the date of the decedent's death or a valid settlement agreement.
History:
L. 1939, ch. 180, § 227; L. 1941, ch. 284, § 12; L. 1978, ch. 221, § 1; L. 1985, ch. 191, § 41; L. 1987, ch. 212, § 4; L. 2000, ch. 76, § 5; L. 2010, ch. 44, § 23; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2252 Opening judgment.

59-2252.
Opening judgment.
A party against whom a judgment or decree has been rendered in proceedings to determine the persons entitled to the real property of a decedent, without other service than publication in a newspaper, may at any time within one year after the date of the judgment or decree have it opened or set aside and be let in to defend. Before such judgment or decree is opened or set aside, the respondent shall: (1) Give notice to the adverse party of the respondent's intention to make such application; (2) file a full answer to the petition or other pleading; (3) pay all costs of such proceeding if the court requires them to be paid; and (4) make it appear to the satisfaction of the court, by affidavit, that during the pendency of the proceeding the respondent had no actual notice of it in time to appear in court and make the respondent's defense. The title to any property which is the subject of the judgment or decree sought to be opened or set aside and which in consequence of the judgment or decree has passed to a purchaser in good faith shall not be affected by any proceedings under this section. The adverse party, on the hearing of an application to open or set aside such judgment or decree as provided by this section, shall be allowed to present counter affidavits to show that during the pendency of such proceeding the respondent had notice thereof in time to appear in court and make the respondent's defense.
History:
L. 1939, ch. 180, § 228; L. 1985, ch. 191, § 42; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2253 Petition and notice of hearing on account.

59-2253.
Petition and notice of hearing on account.
When any intermediate account of a trustee is filed without a petition of the trustee for a hearing thereon, a copy of the account shall be transmitted to each known beneficiary and proof of such transmission shall be filed with the court. The trustee or any beneficiary may file a petition for the approval of the account, and any beneficiary may file a petition for the disapproval thereof. The trustee shall, subject to the provisions of K.S.A. 59-1607 and 59-1608, file a petition for the approval of a final account. When any such petition is filed, notice of the hearing shall be given to the trustee and each known beneficiary, other than the petitioner, for such time and in such manner as the court deems reasonable.
History:
L. 1939, ch. 180, § 229; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2254 Representation.

59-2254.
Representation.
Any beneficiary who is under legal disability, and also all possible unborn or unascertained beneficiaries may be represented in a trust accounting by living competent members of the class to which they do or would belong, or by a guardian ad litem, as the court deems best.
History: L. 1939, ch. 180, § 230; L. 1965, ch. 346, § 34; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2255 Hearing on account.

59-2255.
Hearing on account.
The court shall, after hearing the petition, act upon the account, and discharge the trustees if the account is an approved distribution account. The court may disapprove any account and surcharge the trustee for any loss caused by a breach of trust committed by the trustee.
History:
L. 1939, ch. 180, § 231; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2256 Effect of court approval.

59-2256.
Effect of court approval.
The approval by the court of a trustee's account after due notice or representation as provided in this act, shall relieve the trustee and the trustee's sureties from liability to all beneficiaries then known and in being, or who thereafter become known or in being, for all the trustee's acts and omissions which are fully and accurately described in the account, including the then investment of trust funds.
History: L. 1939, ch. 180, § 232; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2281 Cases in which joinder of administration proceedings proper.

59-2281.
Cases in which joinder of administration proceedings proper.
Proceedings for the administration of estates of two deceased persons, who died intestate, may be joined and united in one proceeding, where the estate or estates left by one or both of such deceased persons has been or is to be received from the other of such deceased persons, immediately or remotely, and no probate or administration proceedings have been had or commenced upon the estate of either of such deceased persons, or where two persons died seized of undivided interests in property, real or personal, and no probate or administration proceedings have been had or commenced on the estate of either, and one or more persons are heirs of both such deceased persons. The court may grant letters of administration upon such estates and they may be administered as one proceeding: Provided, That in all cases herein mentioned the court granting such letters has jurisdiction of each proceeding so joined and united.
History:
L. 1947, ch. 316, § 1; June 30.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2282 Same; proceedings to determine descent.

59-2282.
Same; proceedings to determine descent.
Proceedings for the determination of descent of real or personal property, as provided by the probate code, of two or more deceased persons, may be joined and united in one proceeding where the estate or estates left by one or more of such deceased persons, or some part thereof, has been or is to be received from another of such deceased persons, immediately or remotely, or where two or more deceased persons died seized of undivided interests in property, real or personal, and no probate or administration proceedings have been had or commenced on the estate of any of them and one or more persons are heirs of all of such deceased persons.
History:
L. 1947, ch. 316, § 2; June 30.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2283 Joinder of administration; separate proceedings, when.

59-2283.
Joinder of administration; separate proceedings, when.
The district court, for good cause shown, may permit said proceedings to be separated and separate petitions filed and docketed for the probate or administration of any estate, and if notice has been previously given and approved by the court, each of said estates shall be proceeded in without further notice.
History:
L. 1947, ch. 316, § 3; L. 1976, ch. 242, § 42; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2284 Same; facts as to each estate.

59-2284.
Same; facts as to each estate.
In all cases in which proceedings under this act are joined or united, as herein provided, the proceedings shall set out and disclose all facts as to each separate estate that would be required if such proceedings were separately conducted.
History:
L. 1947, ch. 316, § 4; June 30.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2286 Institution of proceedings; notice, hearing, order and decree; time for appeal.

59-2286.
Institution of proceedings; notice, hearing, order and decree; time for appeal.
(a) If a person who is a life tenant or joint tenant in real or personal property dies either testate or intestate, leaving no property or estate on which administration proceedings have been had or commenced, any of the remaindermen having an interest in the real or personal property subject to such life estate, any survivor of such joint tenancy or any person claiming any right, title or interest in such real or personal property by, through or under such remainderman or survivor may have the fact of the death of the life tenant or joint tenant and the fact of devolution of title to such real or personal property judicially determined by filing a petition in the district court of the county in which the real property or a part of it is situated, or of the county of the residence of the decedent, alleging the facts of such life estate or joint tenancy; describing such real or personal property; alleging the death of such life tenant or joint tenant as the case may be; and setting forth the names and addresses, if known, of all of the heirs of the decedent, if intestate, or of the decedent's heirs, devisees and legatees, if testate, and of all other persons known by the petitioner to claim any interest in the real or personal property. The petition shall be sworn to by the petitioner, the petitioner's agent or attorney.
(b) Upon the filing of such petition, the court shall enter an order fixing the date and hour for hearing it, which date shall be not less than 10 days from the date of entry of the order.
(c) Notice of hearing in all proceedings commenced pursuant to this section in which real property is to be assigned by the court shall be given pursuant to K.S.A. 59-2209, and amendments thereto. In all other cases, notice shall be given or waived as provided by K.S.A. 59-2208, and amendments thereto.
(d) Upon hearing of such petition, the court shall hear the evidence and proof of the death. The court shall enter an order and decree determining the following facts: (1) The death of the life tenant or joint tenant, as the case may be; (2) the termination of the life estate or joint tenancy in real or personal property, as the case may be; and (3) the fact of devolution of title to the real or personal property to the remaindermen having an interest in the real or personal property, or the survivor or survivors of such joint tenancy, as the case may be. Upon entry, the order or decree, unless appealed as provided by law within 30 days from the date issued, shall be conclusive of the facts therein found as to all purchasers, encumbrancers or lienors of such real or personal property acquiring their titles, encumbrances or liens in good faith, relying upon the decree.
History: L. 1951, ch. 346, § 1; L. 1965, ch. 351, § 1; L. 1976, ch. 242, § 43; L. 1985, ch. 191, § 43; L. 2000, ch. 76, § 6; L. 2010, ch. 44, § 24; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2288 Same; apportionment of property between surviving spouse and minor children.

59-2288.
Same; apportionment of property between surviving spouse and minor children.
In cases arising under K.S.A. 59-2287, the district court, if it finds that it would be just and equitable to make an apportionment of property between a surviving spouse and minor children, shall in its order thereunder make such apportionment of the personal property and assign title.
History:
L. 1965, ch. 353, § 2; L. 1975, ch. 299, § 22; L. 1976, ch. 242, § 45; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2289 Same; appraisal may be ordered.

59-2289.
Same; appraisal may be ordered.
The district court in its discretion may order the appraisal of the property before an order refusing letters is made under K.S.A. 59-2287. The appraisal shall be made by one or more appraisers approved by the court and the cost shall be paid by the persons entitled to the property in accordance with the order of the court.
History:
L. 1965, ch. 353, § 3; L. 1976, ch. 242, § 46; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2290 Same; act supplemental to probate code.

59-2290.
Same; act supplemental to probate code.
This act shall be construed as supplemental to and a part of the Kansas probate code.
History:
L. 1965, ch. 353, § 4; June 30.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2291 Disclaimer of interest in property; persons authorized; disclaimer instrument, contents, validity.

59-2291.
Disclaimer of interest in property; persons authorized; disclaimer instrument, contents, validity.
(a) A person or the personal representative of a person may disclaim in whole, in part or in an undivided part any real or personal property, or any interest therein or power thereover, passing upon death of another to such person as: (1) Heir; (2) next of kin; (3) devisee; (4) legatee; (5) a person succeeding to a disclaimed interest; (6) beneficiary under a testamentary instrument; (7) beneficiary under an insurance policy; (8) joint owner with a right of survivorship in real or personal property, to the extent the survivor may take more than the survivor's equitable portion of the property; (9) a person named to take on the death of the other person; (10) donee of a power of appointment; (11) beneficiary under the terms of an inter vivos trust; or (12) a person designated to take pursuant to a power of appointment exercised by or under a testamentary instrument.
(b) Disclaimer pursuant to this act shall be made by filing a written instrument and giving notice thereof in the manner hereinafter provided. The instrument shall: (1) Describe the property, interest or power subject to the disclaimer, (2) contain a declaration of disclaimer and the extent thereof and (3) be signed and acknowledged by the disclaimant.
(c) Notwithstanding the provisions of subsections (a) and (b), a disclaimer shall only be valid to the extent that it does not conflict with K.S.A. 39-709 and amendments thereto.
History:
L. 1968, ch. 367, § 1; L. 1976, ch. 242, § 47; L. 1980, ch. 168, § 1; L. 1985, ch. 191, § 45; L. 1993, ch. 180, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2292 Same; filing and recordation of disclaimer instrument.

59-2292.
Same; filing and recordation of disclaimer instrument.
(a) The disclaimer instrument shall be filed within nine months after the latest of: (1) The death of the decedent or the donee of the power, as the case may be; (2) if the taker of the power, property or interest is not then finally ascertained or if the taker's interest has not become indefeasibly fixed both in quality and in quantity, the date that the taker becomes finally ascertained and such taker's interest becomes indefeasibly fixed both in quality and in quantity; or (3) the date when the taker of the property, interest or power attains the age of 21 years.
(b) The disclaimer instrument shall be filed and recorded in the district court in which the estate of the decedent or the donee of the power is or may be administered. Upon filing the disclaimer instrument, the disclaimant shall give notice of the disclaimer by personal delivery or sending, by certified mail, a copy of the instrument to the transferor, or the personal representative of the transferor, of the property, interest or power or to the holder of the legal title to the property to which the interest or power relates.
History:
L. 1968, ch. 367, § 2; L. 1972, ch. 215, § 19; L. 1976, ch. 242, § 48; L. 1980, ch. 168, § 2; L. 1985, ch. 191, § 46; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2294 Act supplemental to probate code.

59-2294.
Act supplemental to probate code.
The provisions of this act shall be part of and supplemental to the Kansas probate code.
History:
L. 1980, ch. 168, § 4; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2301 Definitions.

59-2301.
Definitions.
As used in this article [*], the word "lease," unless the context otherwise indicates, means a lease for more than three years, or an oil and gas or other mineral lease; the word "mortgage" includes an extension of an existing mortgage, subject to the provision of K.S.A. 59-1809.
History:
L. 1939, ch. 180, § 256; July 1.
* "Article" is apparently reference to 59-2301 to 59-2313.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2302 Lease for three years or less.

59-2302.
Lease for three years or less.
A petition for the lease of the real estate of a decedent, or of a conservatee, for a term of three years or less may be heard with or without notice. The court may direct the personal representative to execute the lease whenever it appears to be for the best interests of the estate or the persons interested in the real estate.
History: L. 1939, ch. 180, § 257; L. 1965, ch. 346, § 35; L. 1985, ch. 191, § 47; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2303 Petition to sell, lease or mortgage real estate.

59-2303.
Petition to sell, lease or mortgage real estate.
(a) An executor or administrator may file a petition to sell real estate of a decedent. The petition shall state the facts constituting the reasons for the application and describe the real estate to be sold. It may include all the real estate of the decedent subject to sale, or any part or parts thereof.
The petition also may state the name of a prospective purchaser and the terms of a proposed sale, and may include a request for approval of named appraisers and for confirmation of the proposed transaction. In this event, the petition also shall contain a full disclosure of any financial or blood relationship between the proposed purchaser and the fiduciary. If no such relationship exists, the petition shall so state.
(b) A conservator may file a petition to sell, lease, or mortgage real estate of a conservatee. The petition shall state the facts constituting the reasons for the application and describe the real estate to be sold, leased, or mortgaged. It may include all the real estate of the conservatee subject to sale, lease, or mortgage, or any part or parts thereof. It may apply in the alternative for authority to sell, lease, or mortgage.
The petition also may state the name of a prospective purchaser, lessee or mortgagee and the terms of a proposed sale, lease or mortgage, and may include a request for approval of named appraisers and for confirmation of the proposed transaction. In this event, the petition also shall contain a full disclosure of any financial or blood relationship between the proposed purchaser, lessee and mortgagee, and the fiduciary. If no such relationship exists, the petition shall so state.
History: L. 1939, ch. 180, § 258; L. 1965, ch. 346, § 36; L. 1975, ch. 299, § 23; L. 1976, ch. 245, § 6; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2304 Notice and hearing.

59-2304.
Notice and hearing.
Notice of the hearing, unless waived, shall briefly state the nature of the application made by the petition and shall be given in such manner as the court may direct. At the hearing and upon proof of the petition, the court shall have full power to order the sale, lease, or mortgage of all the real estate described in the petition, or to order the sale, lease, or mortgage of one or more tracts thereof, if such order shall be within the terms of the application made by the petition. The district court, with the consent of the mortgagee, may order the sale of real estate subject to the mortgage, but such consent shall release the estate of the decedent or conservatee, should a deficit later appear. If the petition and notice have included the details of a proposed transaction, the court may confirm the proposed sale, lease or mortgage, provided that the requirements of K.S.A. 59-1703 and 59-2307, have been met.
History: L. 1939, ch. 180, § 259; L. 1965, ch. 346, § 37; L. 1975, ch. 299, § 24; L. 1976, ch. 245, § 7; L. 1976, ch. 242, § 49; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2305 Order.

59-2305.
Order.
(a) In all cases the order shall describe the real estate to be sold, leased or mortgaged and may designate the sequence in which the several tracts shall be sold, leased or mortgaged, subject to the provisions of this act.
(b) An order for sale shall direct whether the real estate shall be sold at private sale or public auction. If at private sale, it shall direct that the real estate shall not be sold for less than 3/4 of the appraised value. If at public auction, it shall direct the place or places of sale. It shall direct that the sale be for cash, for cash and deferred payments, or deferred payments. In all cases, the order shall specify the time of payment, the interest on deferred payments and the manner in which the payments shall be secured.
(c) An order to lease shall not be made for less than 3/4 of the appraised value of the leasehold interest. The order shall direct that the lease be for cash, for cash and deferred payments or for deferred payments. If the lease is of real estate used for farming, the lease may be upon a crop share basis and the share shall be that recognized as standard in the community, subject to the approval of the court. In all cases, the order shall specify the time of payment, the interest on deferred payments and the manner in which the payments shall be secured.
(d) An order to mortgage shall fix the maximum amount of principal, the maximum rate of interest and the earliest and latest date of maturity and shall direct the purpose for which the proceeds shall be used.
(e) An order for sale, lease or mortgage shall remain in force until terminated by the court, but no private sale or lease shall be made unless the real estate or the leasehold interest in the real estate has been appraised or reappraised within six months preceding the sale or lease.
(f) If the petition and notice have included the details of a proposed transaction and the requirements of K.S.A. 59-1703 and 59-2307, and amendments thereto, have been met, the court may confirm the proposed transaction as a part of its order to sell, lease or mortgage, and no report of sale or confirmation of sale shall be required.
History: L. 1939, ch. 180, § 260; L. 1968, ch. 175, § 1; L. 1975, ch. 299, § 25; L. 1976, ch. 245, § 8; L. 1982, ch. 237, § 1; April 15.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2306 Additional bond of representative.

59-2306.
Additional bond of representative.
The court may require the personal representative, if it deems it necessary before such sale, lease or mortgage, or before the confirmation thereof, to give an additional bond to secure the further assets arising from the sale, lease or mortgage of such real estate.
History:
L. 1939, ch. 180, § 261; L. 1985, ch. 191, § 48; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2307 Appraisement.

59-2307.
Appraisement.
Before the personal representative sells or leases any real estate at private sale, such real estate shall be appraised at its full and fair value. For the purpose of conducting the appraisal, the personal representative shall appoint not more than three disinterested appraisers who shall be approved by the court unless good cause is shown to the court why the named appraisers should not be approved. The appraisal shall be made within the time period prescribed by subsection (e) of K.S.A. 59-2305 and amendments thereto.
History:
L. 1939, ch. 180, § 262; L. 1961, ch. 271, § 1; L. 1975, ch. 299, § 26; L. 1976, ch. 245, § 9; L. 1985, ch. 191, § 49; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2308 Sale at public auction; notice.

59-2308. Sale at public auction; notice.
In all sales at public auction the personal representative shall give notice containing a particular description of the real estate to be sold, and such notice shall state the time, terms and place of sale. The notice shall be given by publication once per week for three consecutive weeks in some newspaper, authorized to publish legal notices, of the county where the real estate is situated. The date set for the sale shall not be earlier than 10 days and not later than 30 days after the date of the last publication of notice. If the tracts to be sold are contiguous and lie in more than one county, notice may be given and the sale made in either of such counties.
History:
L. 1939, ch. 180, § 263; L. 1985, ch. 191, § 50; L. 2023, ch. 77, § 12; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2309 Report and confirmation.

59-2309.
Report and confirmation.
(a) The personal representative shall make a verified report of such representative's proceedings to the court, with the certificate of appraisement in case appraisement is required, and with proof of publication in case sale is made at public auction. The report shall state that the personal representative did not directly or indirectly acquire any beneficial interest in the real estate, or the lease or mortgage thereof, as the case may be, and that the personal representative is not interested in the property sold, leased or mortgaged, except as stated in such representative's report. The report also shall contain a full disclosure of any financial or blood relationship between the personal representative and the proposed purchaser, lessee or mortgagee. If no such relationship exists, the report shall so state.
(b) The court, after having duly examined the report and being satisfied that the sale, lease or mortgage has been in all respects made in conformity to law and ought to be confirmed, shall confirm it and order the personal representative to make a deed, lease or mortgage to the person entitled thereto. The instrument shall refer to the order for sale, lease or mortgage by its date, and the court by which it was made, and shall transfer to the grantee, lessee or mortgagee all the right, title and interest of the decedent or conservatee in the estate granted by the instrument, discharged from liability assumed for the decedent's or conservatee's debts, except encumbrances assumed.
History: L. 1939, ch. 180, § 264; L. 1965, ch. 346, § 38; L. 1975, ch. 299, § 27; L. 1985, ch. 191, § 51; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2310 Authorization of conveyance or lease of real estate.

59-2310.
Authorization of conveyance or lease of real estate.
Upon the filing of a petition by any person claiming to be entitled to a conveyance from a decedent or conservatee bound by written instrument to make a conveyance or lease, or by the personal representative, setting forth a description of the real estate and the facts upon which such claim for conveyance or lease is based, the court shall fix the time and place for the hearing thereof, notice of which shall be given to such persons and in such manner as the court shall direct. Upon proof of the petition, the court may order the personal representative to execute and deliver a deed of conveyance or lease upon performance of the contract.
History: L. 1939, ch. 180, § 265; L. 1965, ch. 346, § 39; L. 1985, ch. 191, § 52; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2311 Title conveyed by deed or other instrument executed by personal representative.

59-2311.
Title conveyed by deed or other instrument executed by personal representative.
The deed or other instrument of the personal representative executed pursuant to K.S.A. 59-2309 or 59-2310, and amendments thereto, shall be received in all courts as presumptive evidence that the personal representative in all respects observed the directions and complied with the requisites of law and shall vest title to the estate granted in the party receiving it in the same manner as if conveyed by the decedent in the decedent's lifetime or conveyed, leased or mortgaged by the conservatee as if of full age and sound mind.
History: L. 1939, ch. 180, § 266; L. 1965, ch. 346, § 40; L. 1985, ch. 191, § 53; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2312 Real estate commission.

59-2312.
Real estate commission.
The court may in its discretion, after notice to all parties in interest, allow a real estate commission, but such allowance shall be passed upon by the court prior to the sale.
History:
L. 1939, ch. 180, § 267; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2313 Payment of title documents.

59-2313.
Payment of title documents.
The court shall have authority to allow payment for certificate of abstract of title or policy of title insurance in connection with the sale of any real estate.
History:
L. 1939, ch. 180, § 268; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2314 Homestead of incapacitated spouse; execution of mortgage and oil, gas and other mineral leases.

59-2314.
Homestead of incapacitated spouse; execution of mortgage and oil, gas and other mineral leases.
When a husband or wife, while occupying a homestead, is adjudged to be an incapacitated person, the conservator of such spouse may be authorized, by the district court having jurisdiction, to join with the competent spouse in executing a mortgage upon the homestead, renewing or refinancing an encumbrance thereon which is likely to cause loss, or in executing a lease thereon authorizing the lessee, said lessee's heirs and assigns, to explore and produce therefrom oil, gas, coal, lead, zinc, or other minerals as herein provided.
History: L. 1945, ch. 240, § 1; L. 1965, ch. 346, § 41; L. 1976, ch. 242, § 50; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2315 Same; petition.

59-2315.
Same; petition.
For the purposes set out in K.S.A. 59-2314, the competent spouse and the conservator may jointly file a petition in the district court of the county in which such homestead is situated praying for the execution of a mortgage upon the homestead or for the execution of an oil, gas or other mineral lease thereon.
History: L. 1945, ch. 240, § 2; L. 1965, ch. 346, § 42; L. 1976, ch. 242, § 51; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2316 Same; copy of proposed lease; notice and hearing.

59-2316.
Same; copy of proposed lease; notice and hearing.
In the case of a proceeding hereunder for the execution of oil, gas or other mineral lease, a copy of the proposed lease shall be attached to the petition. The petition shall be heard upon notice as directed by the district court and determined as in other cases except that such petition shall not be heard in less than ten (10) days after a guardian ad litem shall have been appointed as in this act provided and notice of such appointment shall have been given to such guardian ad litem.
History:
L. 1945, ch. 240, § 3; L. 1976, ch. 242, § 52; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2317 Same; guardian ad litem; duties.

59-2317.
Same; guardian ad litem; duties.
In every proceeding brought under this act and immediately upon the filing of a petition as provided in K.S.A. 59-2315, a guardian ad litem shall be appointed for the incapacitated spouse, who shall make an independent investigation of the facts and representations made in the petition, and shall, on or before the date fixed for the hearing on said petition, file in said district court a verified report setting forth the results of said guardian's investigation, together with said guardian's recommendations respecting the relief prayed for in the petition. And the court shall consider such report together with all evidence that may be offered in support of such petition or report in determining what relief, if any, should be granted in the proceeding.
History: L. 1945, ch. 240, § 4; L. 1965, ch. 346, § 43; L. 1976, ch. 242, § 53; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2318 Same; what renewed or refinanced mortgage may include.

59-2318.
Same; what renewed or refinanced mortgage may include.
In case of a proceeding to mortgage, the renewed or refinanced mortgage may include all sums of money necessary to discharge all liens on the homestead including interest, taxes, costs of all necessary proceedings, with a reasonable attorney fee, and the cost of abstract of title, or other title papers, when the necessity therefor or advantage to the owner of the homestead or to the insane spouse shall clearly appear.
History:
L. 1945, ch. 240, § 5; April 6.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2319 Same; proceeds from lease exempt from certain liabilities.

59-2319.
Same; proceeds from lease exempt from certain liabilities.
The proceeds from the execution of any such lease, whether denominated bonus, rental, royalty, or otherwise, shall be wholly exempt from liability for payment or satisfaction of any debts or other obligations of either spouse, except taxes, encumbrances and liens on the homestead, the necessary cost of the proceeding for the execution of such lease, and the support, maintenance and education of the conservatee, his or her spouse, and children.
History: L. 1945, ch. 240, § 6; L. 1965, ch. 346, § 44; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2320 Same; assignment of proceeds from lease for certain purposes.

59-2320.
Same; assignment of proceeds from lease for certain purposes.
In its order authorizing the conservator to join with the competent spouse in executing an oil, gas or other mineral lease as provided in the act, the court may, in any proper case, authorize such conservator to join the competent spouse in the execution and delivery of an assignment of the proceeds of such lease to the owner and holder of any mortgage lien upon the homestead, as additional security for the payment of such mortgage lien, and for the application of such proceeds to the payment of the mortgage debt.
History: L. 1945, ch. 240, § 7; L. 1965, ch. 346, § 45; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2321 Same; distribution of net proceeds of lease; revocation or modification.

59-2321.
Same; distribution of net proceeds of lease; revocation or modification.
The district court authorizing any such lease by order shall direct the division of the net proceeds of such lease between the competent spouse and the conservator in such proportions as may be proper, equitable and just, having due regard for the time and manner of acquiring the homestead. Any unpaid or undistributed proceeds at the death of either spouse shall be considered as property of the owner of the homestead and payable to such owner. Within the limits above prescribed such order for payment or distribution may for good cause shown, upon due notice and hearing, be revoked or modified from time to time as justice and interest of the parties may require.
History: L. 1945, ch. 240, § 8; L. 1965, ch. 346, § 46; L. 1976, ch. 242, § 54; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 23 - Proceedings For Sale, Lease And Mortgage Of Realty › 59-2322 Same; presumptive evidence that mortgage or lease properly executed.

59-2322.
Same; presumptive evidence that mortgage or lease properly executed.
The mortgage or lease executed pursuant to this section shall be received in all courts as presumptive evidence that the conservator in all respects observed the directions and complied with the requisites of law, and shall vest title to the interest granted in the party receiving the same in like manner as if the mortgage or lease was executed by the conservatee and the conservatee was of full age and sound mind.
History: L. 1945, ch. 240, § 9; L. 1965, ch. 346, § 47; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 24 - Appeals And Transfers › 59-2402 District magistrate judges; certification of questions outside judge's jurisdiction.

59-2402.
District magistrate judges; certification of questions outside judge's jurisdiction.
In any proceeding pending in the district court before a district magistrate judge, when it appears that a decision upon any question of which such judge does not have jurisdiction is necessary to a full determination of the proceeding, such question shall be submitted to the chief judge. The chief judge may assign the entire case to a district judge or may assign just the question to a district judge for determination, after which the case may be reassigned to the district magistrate judge.
History: L. 1939, ch. 180, § 270; L. 1976, ch. 242, § 56; L. 1977, ch. 112, § 19; L. 1986, ch. 115, § 84; L. 1999, ch. 57, § 48; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 24 - Appeals And Transfers › 59-2402a Request for transfer of certain matters from district magistrate judge to district judge.

59-2402a. Request for transfer of certain matters from district magistrate judge to district judge.
(a) When a petition is filed in the district court and a district magistrate judge is assigned to hear such petition, any interested party may request the transfer of the matter to the chief judge for assignment to a district judge if the petition is:
(1) To admit a will to probate;
(2) to determine venue or a transfer of venue;
(3) to allow any claim exceeding $10,000 in value;
(4) for the sale, lease or mortgage of real estate;
(5) for conveyance of real estate under contract;
(6) for payment of a legacy or distributive share;
(7) for partial or final distribution;
(8) for an order compelling a legatee or distributee to refund;
(9) for an order to determine heirs, devisees or legatees; or
(10) for an order which involves construction of a will or other instrument.
(b) When a request for such transfer is filed less than three days prior to the commencement of the hearing, the court shall assess the costs occasioned by the subpoena and attendance of witnesses against the party seeking the transfer. Such request may be included in any petition, answer or other pleading, or may be filed as a separate petition, and shall include an allegation that a bona fide controversy exists and that the transfer is not sought for the purpose of vexation or delay. Notice of such request shall be given as ordered by the court.
History:
L. 1945, ch. 237, § 1; L. 1951, ch. 345, § 1; L. 1976, ch. 242, § 57; L. 1977, ch. 112, § 20; L. 1986, ch. 115, § 85; L. 1999, ch. 57, § 49; L. 2006, ch. 56, § 3; L. 2023, ch. 77, § 14; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 24 - Appeals And Transfers › 59-2402b Same; assignment of case or specific issue.

59-2402b.
Same; assignment of case or specific issue.
Upon the filing of such request the chief judge may assign the case in its entirety to a district judge or only for a determination of the specific issues raised. If the chief judge assigns only for determination of specific issues, the case may be reassigned to the district magistrate judge. The determination of issues shall be as on appeal as provided in K.S.A. 59-2408 and amendments thereto.
History:
L. 1945, ch. 237, § 2; L. 1976, ch. 242, § 58; L. 1977, ch. 112, § 21; L. 1986, ch. 115, § 86; L. 1999, ch. 57, § 50; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 24 - Appeals And Transfers › 59-2402d Transfer of trust estates from district magistrate judge.

59-2402d.
Transfer of trust estates from district magistrate judge.
When a trust estate is created by a will admitted to probate by order of any district magistrate judge of this state, any beneficiary or the trustee of such trust estate may at any time file a petition requesting the transfer of such trust estate to the chief judge for assignment to a district judge. Notice shall be given as ordered by the court, if notice is found by the court to be necessary. Upon the filing of such request, the district magistrate judge shall transfer the file in the estate, or so much thereof as may be necessary for a proper administration of the trust estate, to the chief judge.
Appeals from judgments and orders of a district judge made pursuant to this act may be taken as appeals in other civil cases.
History:
L. 1961, ch. 273, § 1; L. 1976, ch. 242, § 59; L. 1977, ch. 112, § 22; L. 1986, ch. 115, § 87; L. 1999, ch. 57, § 51; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 24 - Appeals And Transfers › 59-2403 Venue.

59-2403.
Venue.
An appeal taken from any order, judgment, decree or decision (other than one determining or refusing to determine venue or changing or refusing to change venue) made by a district magistrate judge before a change of venue shall be taken to a district judge of the county to which the change was made.
History:
L. 1939, ch. 180, § 271; L. 1976, ch. 242, § 60; L. 1986, ch. 115, § 88; January 12, 1987.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 24 - Appeals And Transfers › 59-2404 Appeals from district magistrate judges; appeal not abridged by failure to defend.

59-2404.
Appeals from district magistrate judges; appeal not abridged by failure to defend.
The right of appeal from any order, judgment, decree or decision of a district magistrate judge in an action pursuant to this chapter shall not be denied nor abridged for failure of the party appealing to present his or her defenses to or to appear before the district magistrate judge.
History: L. 1939, ch. 180, § 272; L. 1941, ch. 284, § 14; L. 1945, ch. 237, § 4; L. 1972, ch. 215, § 20; L. 1976, ch. 242, § 61; L. 1978, ch. 222, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 24 - Appeals And Transfers › 59-2408 Appeal from a district magistrate judge; trial on appeal; pleadings; issues; evidence.

59-2408.
Appeal from a district magistrate judge; trial on appeal; pleadings; issues; evidence.
Except as provided for in K.S.A. 59-2401a, and amendments thereto, whenever an appeal has been taken from an order, judgment, decree or decision of a district magistrate judge, the district judge to which the appeal is assigned by the chief judge, without unnecessary delay, shall proceed to hear and determine all issues in the matter de novo and shall allow and may require pleadings to be filed or amended. The right to file new pleadings shall not be abridged or restricted by the pleadings filed, or by failure to file pleadings, in the proceedings before the district magistrate judge; nor shall the trial or the issues to be considered by the district judge be abridged or restricted by any failure to appear or by the evidence introduced, or the absence or insufficiency thereof, in the proceedings before the district magistrate judge.
History:
L. 1939, ch. 180, § 276; L. 1945, ch. 237, § 5; L. 1965, ch. 346, § 49; L. 1976, ch. 242, § 63; L. 1977, ch. 112, § 23; L. 1978, ch. 222, § 2; L. 1986, ch. 115, § 89; L. 1999, ch. 57, § 52; L. 2006, ch. 56, § 4; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 24 - Appeals And Transfers › 59-2409 Remanding appealed case to district magistrate judge.

59-2409.
Remanding appealed case to district magistrate judge.
Upon determination of an appeal from an order, judgment, decree or decision of a district magistrate judge, the judge determining such appeal may remand the case to the district magistrate judge, who shall proceed in accordance therewith.
History:
L. 1939, ch. 180, § 277; L. 1976, ch. 242, § 64; L. 1977, ch. 109, § 36; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 25 - Rules Of Court › 59-2501 Rules may be promulgated.

59-2501.
Rules may be promulgated.
Appropriate rules of court not inconsistent with the provisions of this act may be promulgated by the supreme court to regulate the practice in matters covered by this act.
History:
L. 1939, ch. 180, § 278; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 26 - Miscellaneous › 59-2601 Statutes saved.

59-2601.
Statutes saved.
Nothing in this act contained shall be construed to repeal or modify the provisions of the act entitled "act for appointment of conservators for veterans" (K.S.A. chapter 73, article 5), nor the special administrator act for Wyandotte county (laws 1903, chapter 199, being K.S.A. 19-1104).
History: L. 1939, ch. 180, § 279; L. 1965, ch. 346, § 50; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 26 - Miscellaneous › 59-2602 Effective date.

59-2602.
Effective date.
The rules of procedure herein prescribed shall govern all probate proceedings brought after they take effect and also all further procedure in probate proceedings then pending, except to the extent that in the opinion of the court their application in a particular proceeding when they take effect would not be feasible or would work injustice, in which event the former procedure applies. This act shall take effect and be in force on and after July 1, 1939, and after its publication in the statute book.
History:
L. 1939, ch. 180, § 281; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 26 - Miscellaneous › 59-2603 Application and effect of 1972 amendments.

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