reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 13 - Classification And Payment Of Demands › 59-1301 Classification of demands.

59-1301. Classification of demands.
If the applicable assets of an estate are insufficient to pay in full all demands allowed against it, payment shall be made in the following classified order:
First class, the expenses of an appropriate funeral in such amount as was reasonably necessary, having due regard to the assets of the estate available for the payment of demands and to the rights of other creditors, and, following the allowance of such expenses, any claim for medical assistance paid under K.S.A. 39-709, and amendments thereto. Any part of the funeral expenses allowed as a demand against the estate in excess of the sum ascertained as above shall be paid as other demands of the fourth class.
Second class, the appropriate and necessary costs and expenses of administration and the reasonable sums for the appropriate and necessary expenses of the last sickness of decedent, including wages of servants.
Third class, judgments rendered against decedent in the decedent's lifetime, all judgments or liens upon the property of the decedent shall be paid in the order of their priority.
Fourth class, all other demands duly proved, including the cost of any appropriate tombstone or marker or the lettering thereon, in such amount as may be reasonably necessary, but whether there shall be an allowance, and if so the amount thereof, shall be determined by the court before any obligation therefor is incurred, except that debts having preference by the laws of the United States and demands having preference by the laws of this state shall be paid according to such preference.
Except as provided by this section for the first class of demands, no preference shall be given in the payment of any demand over any other demand of the same class, nor shall a demand due and payable be entitled to preference over demands not due.
History:
L. 1939, ch. 180, § 95; L. 1941, ch. 284, § 4; L. 1992, ch. 150, § 8; L. 2015, ch. 42, § 14; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 13 - Classification And Payment Of Demands › 59-1302 When payment to be made.

59-1302.
When payment to be made.
If any executor or administrator, within four months after having given notice of appointment, does not have notice of demands against the estate of the decedent which will authorize the executor or administrator to represent it insolvent, the executor or administrator, after the expiration of the four months, may proceed to pay the debts and other items due from the estate, according to their classification. Prior to the expiration of the period of four months, the executor or administrator shall pay the debts and other items if ordered to do so by the court, and the court may require bond or security to be given by the creditor to refund any part of such payment necessary to make payment in accordance with this section after the expiration of the period of four months.
History:
L. 1939, ch. 180, § 96; L. 1941, ch. 284, § 5; L. 1972, ch. 215, § 8; L. 1985, ch. 191, § 19; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 13 - Classification And Payment Of Demands › 59-1303 Secured demands.

59-1303.
Secured demands.
When a claimant holds any security for his or her demand, it may be allowed, conditioned upon the claimant surrendering the security or upon the claimant exhausting the security; it shall be allowed for the full amount found to be due if the security has been surrendered, or for any remaining amount found to be due if the security has been exhausted.
History:
L. 1939, ch. 180, § 97; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 13 - Classification And Payment Of Demands › 59-1304 Encumbered assets.

59-1304.
Encumbered assets.
When any assets of the estate are encumbered by mortgage, pledge, or otherwise, the executor or administrator may pay such encumbrance or any part thereof, whether or not the holder of the encumbrance has exhibited his or her demand, if it appears to be for the best interest of the estate and if the court shall have so ordered. No such payment shall increase the share of the devisee, legatee, or heir entitled to receive such encumbered assets, unless otherwise provided in the will.
History:
L. 1939, ch. 180, § 98; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1401 Possession of property by executor or administrator; marshaling assets; duties prior to final distribution.

59-1401.
Possession of property by executor or administrator; marshaling assets; duties prior to final distribution.
The executor or administrator shall: (a) Have a right to the possession of all the property of a resident decedent, except the homestead and allowances to the surviving spouse and minor children; (b) marshal all tangible personal property owned by a resident decedent located in the state of Kansas and all intangible personal property owned by a resident decedent wherever located, either directly or by ancillary administration; (c) take possession, within six months from the date of appointment, of all tangible personal property located in this state and all intangible property wherever located, to be held, administered and finally distributed as provided by law, but nothing herein shall require an executor or administrator of a resident decedent to take possession of intangible personal property being administered in another jurisdiction, if the court in which such administration is pending refuses to authorize delivery of possession; (d) 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 (e) keep in tenantable repair the buildings and fixtures under the executor's or administrator's control and may protect them by insurance. The executor or administrator, alone or with the heirs or devisees, may maintain an action for the possession of the real estate or to quiet title to it.
History:
L. 1939, ch. 180, § 99; L. 1957, ch. 321, § 2; L. 1967, ch. 314, § 10; L. 1972, ch. 215, § 9; L. 1985, ch. 191, § 20; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1402 Continuation of business.

59-1402.
Continuation of business.
Upon a showing of advantage to the estate, the court, with or without notice, may authorize the personal representative to continue and operate any business of a decedent for the benefit of the decedent's estate, under such conditions, restrictions, regulations and requirements and for such periods of time not exceeding six months for any one period as the court may determine. No debts incurred or contracts entered into shall involve the estate or the personal representative beyond the assets used in such business immediately prior to the death of the decedent.
History:
L. 1939, ch. 180, § 100; L. 1949, ch. 312, § 1; L. 1965, ch. 346, § 12; L. 1976, ch. 244, § 1; L. 1985, ch. 191, § 21; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1403 Foreclosure of mortgage.

59-1403.
Foreclosure of mortgage.
An executor or administrator shall have the same right to foreclose a mortgage or collect the debt secured thereby as the decedent would have had if living and the executor or administrator may complete any such proceeding commenced by such decedent.
History:
L. 1939, ch. 180, § 101; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1404 Realty acquired.

59-1404.
Realty acquired.
When a foreclosure sale or a sale on execution for the recovery of a debt due the estate is had, or redemption is made, the executor or administrator shall receive the money paid and execute the necessary satisfaction or release. If bid in by the executor or administrator, the real estate shall be treated as personal property, but any sale or lease shall be made pursuant to article 23. If not so sold the real estate, and if so sold or leased the proceeds, shall be assigned or distributed to the same persons and in the same proportions as if it had been a part of the personal property of the decedent.
History:
L. 1939, ch. 180, § 102; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1405 Order in which assets to be appropriated.

59-1405.
Order in which assets to be appropriated.
The property of a decedent, except as provided in K.S.A. 59-401 and 59-403, shall be liable for the payment of the decedent's debts and other lawful demands against the estate. When a will designates the property to be appropriated for the payment of debts or other items, it shall be applied to such purpose. Unless the will provides otherwise for the payment thereof, or unless the court shall otherwise determine pursuant to K.S.A. 59-1410 the property of the testator, subject to the payment of debts and other items, shall be applied to that purpose in the following order:
(1) Personal property not disposed of by will;
(2) real estate not disposed of by will;
(3) personal property bequeathed to the residuary legatee;
(4) real estate devised to the residuary devisee;
(5) property not specifically bequeathed or devised;
(6) property specifically bequeathed or devised.
Demonstrative legacies shall be classed as specific legacies to the extent of the payment thereof from the fund or property out of which payment is to be made, and as general legacies upon failure or insufficiency of the fund or property out of which payment was to be made to the extent of such insufficiency. The property of each class shall be exhausted before resorting to that of the next class; and all of one class shall contribute ratably if all the property of that class is not required for the payment of such debts or other items.
History:
L. 1939, ch. 180, § 103; L. 1941, ch. 284, § 6; L. 1971, ch. 193, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1406 Specifically bequeathed property.

59-1406.
Specifically bequeathed property.
Property specifically bequeathed may be delivered to the legatee entitled thereto upon his or her giving security for the redelivery thereof, or its appraised value, if ordered by the court so to do, to the executor or administrator; otherwise it shall remain in the custody of the executor or administrator, to be delivered or sold as may be required by law.
History:
L. 1939, ch. 180, § 104; L. 1941, ch. 284, § 7; April 17.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1407 Sale of personal property.

59-1407.
Sale of personal property.
The executor or administrator shall, within such time as the court may direct, sell the personal property, or any part thereof, belonging to the estate: (1) When the sale of such property is necessary for the payment of debts and other items, or legacies; (2) when a division thereof cannot be made in kind to those entitled thereto; or (3) when the sale thereof is to the best interests of the estate.
History:
L. 1939, ch. 180, § 105; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1408 Refund of legacies and distributive shares.

59-1408.
Refund of legacies and distributive shares.
If after the payment of legacies or distribution it becomes necessary that the same or any part thereof be refunded for the payment of debts or other items, the amount necessary to be refunded shall be apportioned among the legatees and distributees according to their liability for payment as provided in K.S.A. 59-1405.
History:
L. 1939, ch. 180, § 106; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1409 Lease of property.

59-1409.
Lease of property.
The executor or administrator may lease real estate in his or her possession for a term of not more than one year. The executor or administrator, together with the heirs and devisees having an interest therein, may lease such real estate for a term longer than one year, and they may execute an oil and gas or other mineral lease for such real estate. The income from any lease, by whatever name called, shall be received by the executor or administrator as income from such property.
History:
L. 1939, ch. 180, § 107; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1410 Sale of realty; conveyance to bona fide purchaser; effect.

59-1410.
Sale of realty; conveyance to bona fide purchaser; effect.
(a) The executor or administrator may sell real estate of a decedent (1) whenever the sale thereof is necessary for the payment of reasonable funeral expenses, expenses of last sickness, wages of servants during the last sickness, cost of administration, taxes, debts, or legacies charged upon such real estate, (2) whenever it shall be determined by the court that the real estate to be sold is a wasting asset and its retention will be detrimental to the estate and such sale is for the best interests of the estate or (3) at such other time as the court shall determine is for the best interests of the estate. The proceeds of any such sale which shall be available for distribution shall be distributed to the same persons and in the same shares as if it had remained real estate.
(b) Every conveyance of real estate of a decedent to a bona fide purchaser, pursuant to the authority of this section, shall transfer such real estate free and clear from liens and claims of all creditors of the decedent of the estate of the decedent and of the heirs, devisees and legatees of the decedent and any such liens or claims shall be transferred to the proceeds of such sale received by the executor or administrator making the same but such transferral shall not affect tax liens against the estate.
History:
L. 1939, ch. 180, § 108; L. 1968, ch. 175, § 2; L. 1971, ch. 193, § 2; L. 1972, ch. 217, § 1; L. 1980, ch. 167, § 3; L. 2000, ch. 76, § 2; L. 2010, ch. 44, § 20; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1411 When realty fraudulently conveyed to be included.

59-1411.
When realty fraudulently conveyed to be included.
The real estate liable to be sold to pay debts of a decedent shall include, so far as necessary for that purpose, all real estate conveyed by the decedent with intent to defraud his or her creditors; but no real estate so conveyed shall be taken from anyone who purchased it for a valuable consideration, in good faith, and without knowledge of the fraud, and no claim to real estate so conveyed shall be made unless within two years after the death of the grantor.
History:
L. 1939, ch. 180, § 109; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1412 Sale of part or whole.

59-1412.
Sale of part or whole.
Whenever a sale of some part of the real estate is necessary and by such sale the residue thereof would suffer manifest injury, the sale may be of the whole or such part thereof as necessity and the interests of the estate require.
History:
L. 1939, ch. 180, § 110; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 14 - Management And Sale Of Assets › 59-1413 Sale under will; exercise of power; tax liens and claims.

59-1413.
Sale under will; exercise of power; tax liens and claims.
(a) If a will authorizes the executor to sell any property, the executor, or an administrator with the will annexed, may exercise such power without any order of the district court, unless the will provides otherwise. Subject to the limitations contained in K.S.A. 59-704, and amendments thereto, such power may be exercised at any time except when a proceeding to set aside or contest the will or to probate a later will of the decedent is pending.
(b) Every conveyance of real estate of a decedent to a bona fide purchaser, pursuant to the authority of this section, shall transfer such real estate free and clear from liens and claims of all creditors of the decedent of the estate of the decedent and of the heirs, devisees and legatees of the decedent and any such liens or claims shall be transferred to the proceeds of such sale received by the executor or administrator making the same but such transferral shall not affect tax liens against the estate.
History:
L. 1939, ch. 180, § 111; L. 1951, ch. 338, § 1; L. 1967, ch. 315, § 1; L. 1976, ch. 242, § 16; L. 1980, ch. 167, § 4; L. 2000, ch. 76, § 3; L. 2010, ch. 44, § 21; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1501 Duration of administration; reopening, when; costs.

59-1501.
Duration of administration; reopening, when; costs.
Every executor and administrator shall have nine (9) months from the date of his or her appointment for the settlement of the estate. An administrator de bonis non shall have such time, not exceeding nine (9) months as the court may determine. For cause shown the period herein limited may be extended by the court, not exceeding nine (9) months at a time. The executor or administrator shall not be disqualified thereafter in any way, unless removed, but he or she shall not be relieved from any loss, liability, or penalty incurred by failure to settle the estate within the time limited.
That in case any executor or administrator shall fail or refuse for a period of thirty days after the expiration of said nine (9) months to make such settlement, he or she may be cited by the court for the purpose of making such settlement unless the time therefor has been extended by the court, and all costs connected with such citation and the hearing thereon shall be assessed against such executor or administrator, and not against the estate: Provided, In the event the return of said citation shows that the executor or administrator is not within the jurisdiction of said court, said estate may be closed by the order of the court without a publication notice when there has been no prosecution thereon for a period of five (5) years. Said estate may be reopened within one (1) year thereafter upon petition by a direct heir, executor or administrator who shall be charged with the costs thereof.
History: L. 1939, ch. 180, § 112; L. 1941, ch. 284, § 17; L. 1972, ch. 215, § 10; July 2.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1501a Reopening estates of decedents; purposes.

59-1501a.
Reopening estates of decedents; purposes.
A testate or intestate estate which has been closed may be reopened in the manner herein provided for the purpose of:
(a) Distributing property of the decedent which was not included in the inventory of the estate and is discovered after the estate is closed; or
(b) executing or delivering a deed to real property which was transferred or sold prior to or during probate of the estate, or was distributed prior to closing of the estate, but the deed to which was not executed or was not delivered prior to closing of the estate.
History:
L. 1961, ch. 274, § 1; L. 1985, ch. 192, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1501b Same; who may petition; notice and hearing; distribution of assets and reclosing of estate.

59-1501b.
Same; who may petition; notice and hearing; distribution of assets and reclosing of estate.
Any unsatisfied creditor who filed a claim as provided by law in the decedent's estate, the department of revenue of the state of Kansas, any interested party or any personal representative, legatee, devisee or heir of the decedent may petition to reopen a decedent's estate for the purposes provided by K.S.A. 59-1501a, and amendments thereto. The district court shall thereupon set the petition for hearing and require notice of the hearing as provided by K.S.A. 59-2208, and amendments thereto.
At the hearing, upon evidence and review of the court record, the court shall determine and order the distribution of the property or the execution or delivery of the deed in accordance with the journal entry of final settlement in the estate and the evidence before the court. The hearing upon the reopened estate shall then be summarily reclosed.
The hearing provided for in this section may be continued by the court from time to time in the discretion of the court.
Upon final reclosing hereunder of an estate which includes real estate, the court shall transmit a certified copy of the journal entry of final reclosing to the county clerk and the county clerk shall enter it on the transfer record in the county clerk's office.
History:
L. 1961, ch. 274, § 2; L. 1976, ch. 242, § 17; L. 1985, ch. 192, § 2; L. 1985, ch. 191, § 22; L. 1989, ch. 173, § 3; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1502 Duty to account.

59-1502.
Duty to account.
Every executor or administrator shall present a verified account of administration within the time limited and make application to the court to settle and allow his or her account and to assign the estate to the persons entitled thereto. The executor or administrator shall also account at such other times as the court may require.
History:
L. 1939, ch. 180, § 113; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1503 Time for distribution.

59-1503.
Time for distribution.
If at any time prior to final settlement it appears that there is sufficient money to satisfy all the demands against an estate, the executor or administrator, on order of the court, may make payment of legacies and distribution of shares, except that specific legacies shall be first satisfied. If any demands are not yet barred or six months have not passed since the date of death, no executor or administrator shall be compelled to pay legacies or make distribution unless ordered to do so by the court and until bond or security is given by the legatee or distributee to refund the legatee's or distributee's due proportion of any demand which may afterward be established against the estate and the cost of its recovery, except that upon petition of the executor or administrator, or upon petition of a legatee or distributee with the approval of the executor or administrator, the court may waive the requirement that bond or security be given by the legatee or distributee. Notwithstanding the foregoing provisions of this section, whenever any executor or administrator of an estate has been served prior to settlement with an order of garnishment having the effect of attaching and creating a first and prior lien upon any property or funds within the estate to which any person is or may become entitled as a legatee or distributee upon settlement and distribution of the estate, the executor or administrator shall not deliver or pay over any such property or funds to that legatee or distributee until further order of the court from which the order of garnishment was issued.
History: L. 1939, ch. 180, § 114; L. 1971, ch. 194, § 1; L. 1972, ch. 222, § 13; L. 1972, ch. 215, § 11; L. 1985, ch. 191, § 23; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1504 Compensation and expenses.

59-1504.
Compensation and expenses.
Whenever a decedent by will makes a provision for the compensation of his or her executor, that shall be taken as such executor's full compensation, unless the executor files a written instrument, renouncing all claim to the compensation provided for in the will. Whenever any person named in a will or codicil defends it, or prosecutes any proceedings in good faith and with just cause, for the purpose of having it admitted to probate, whether successful or not, or if any person successfully opposes the probate of any will or codicil, such person shall be allowed out of the estate his or her necessary expenses and disbursements in such proceedings, together with such compensation for such person's services and those of his or her attorneys as shall be just and proper.
Any heir at law or beneficiary under a will who, in good faith and for good cause, successfully prosecutes or defends any other action for the benefit of the ultimate recipients of the estate may be allowed his or her necessary expenses, in the discretion of the court, including a reasonable attorney's fee.
History:
L. 1939, ch. 180, § 115; L. 1941, ch. 284, § 16; L. 1975, ch. 299, § 11; January 1, 1976.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1505 Conditions precedent to discharge.

59-1505.
Conditions precedent to discharge.
Whenever any bequest or devise is made to a testamentary trustee, the executor or administrator shall not be discharged, unless the will provides otherwise, until a trustee has qualified in a court of competent jurisdiction and until proof of such qualification has been made and a receipt by the trustee has been filed, except as otherwise provided. No executor or administrator who has received any funds for death by wrongful act shall be discharged until he or she has filed a certified copy of the order, judgment or decree of distribution of the court wherein such funds were recovered, and receipts from the persons entitled to such funds, or copies thereof certified by the clerk of such court. No executor or administrator who has been served with an order of garnishment, seeking to attach any funds or property of the estate to which the defendant in the garnishment proceedings is or may become entitled as a legatee or distributee of the estate, shall be discharged until obligations as garnishee shall have been satisfied in compliance with the order of garnishment and any further orders of the court from which said order of garnishment was issued.
History: L. 1939, ch. 180, § 116; L. 1972, ch. 222, § 14; March 25.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1506 Protection of remainderman's interest in personalty; bond.

59-1506.
Protection of remainderman's interest in personalty; bond.
When by will the use or income of personal property is given to a person for a term of years or for life, and another person has an interest in such property as remainderman, the court, unless the will provides otherwise, may order such property to be delivered to the person having the limited estate, or to be held by the executor or some other person as trustee for the benefit of the person having the limited estate. Bond may be required of the person to whom the property is delivered or by whom it is held, in the first instance or at any time prior to the termination of the limited estate.
History:
L. 1939, ch. 180, § 117; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1507 Summary proceedings.

59-1507.
Summary proceedings.
Whenever it is established that the estate of a decedent, exclusive of the homestead and allowances to the spouse and minor children, does not exceed the amounts required for funeral expenses, expenses of last sickness, wages of servants during the last sickness, costs of administration, debts having preference under the laws of the United States or this state, and taxes, the executor or administrator may by order of the court pay the same in the order named, and present his or her account with an application for the settlement and allowance thereof. Thereupon the court with or without notice, may adjust, correct, settle, allow or disallow such account, and if the account is allowed, summarily determine the heirs, legatees, and devisees, and close the administration.
History: L. 1939, ch. 180, § 118; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1507a Payment of certain benefits to certain relatives; discharge and release; affidavit.

59-1507a. Payment of certain benefits to certain relatives; discharge and release; affidavit.
(a) If not less than 180 days after the death of an individual entitled at the time of death to a monthly benefit or benefits under title II of the social security act or under any veterans administration program or public or private retirement or annuity plan, all or part of the amount of such benefit or benefits, not in excess of $10,000, is paid to: (1) The surviving spouse; (2) one or more of the deceased's children, or descendants of the deceased's deceased children; (3) the deceased's father or mother; or (4) the deceased's brother or sister. Preference shall be given in the order named if more than one request for payment has been made by or for the named individuals. Such payment shall be deemed to be a payment to the personal representative of the decedent and shall constitute a full discharge and release from any further claim for such payment to the same extent as if such payment had been made to an executor or administrator of the decedent's estate.
(b) The provisions of subsection (a) shall apply only if an affidavit has been made and filed with the appropriate governmental office or private company responsible for the benefit by the surviving spouse or other relative by whom or on whose behalf request for payment is made and such affidavit shows: (1) The date of death of the deceased; (2) the relationship of the affiant to the deceased; (3) that no executor or administrator for the deceased has qualified or been appointed; and (4) that, to the affiant's knowledge, there exists at the time of the filing of such affidavit, no relative of a closer degree of kindred to the deceased than the affiant.
History:
L. 1967, ch. 322, § 1; L. 1979, ch. 179, § 1; L. 1985, ch. 191, § 24; L. 2000, ch. 25, § 3; L. 2023, ch. 77, § 6; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1507b Transfer of certain personal property to successor; discharge and release; affidavit.

59-1507b. Transfer of certain personal property to successor; discharge and release; affidavit.
When a resident of the state dies, whether testate or intestate, if the total assets of the estate of the decedent subject to probate do not exceed $75,000 in value, any personal property of whatever nature transferable to the decedent's estate by any entity or person shall be transferred to the successor or successors of the decedent, if entitled thereto by will or by intestate succession, without having been granted letters of administration or letters testamentary, upon such successor's or successors' furnishing the entity or person with an affidavit showing entitlement thereto. Transfer of such personal property to the successor or successors shall be deemed to be a transfer to the personal representative of the decedent, and the receipt of the successor or successors shall constitute a full discharge and release from any further claim for such transfer to the same extent as if the transfer had been made to an executor or administrator of the decedent's estate. The affidavit required herein shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
History:
L. 1980, ch. 166, § 7; L. 1985, ch. 191, § 25; L. 1987, ch. 210, § 1; L. 2000, ch. 25, § 4; L. 2005, ch. 101, § 2; L. 2007, ch. 28, § 1; L. 2008, ch. 14, § 3; L. 2023, ch. 77, § 7; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 15 - Accounting And Distribution › 59-1508 Unclaimed money.

59-1508.
Unclaimed money.
If any part of the money on hand has not been paid over because the person entitled thereto cannot be found or refuses to accept the same, or for any other good and sufficient reason, the district court may order the executor or administrator to pay the same to the county treasurer for the same disposition as is provided by K.S.A. 20-2801 for moneys received from forfeitures, except that if the person to whom said sum is ordered to be paid refuses to accept the same when it is tendered such person by the executor or administrator, the court may, either before or after the sum has been deposited, order the same to be paid and distributed to those who would be entitled thereto had the refusing legatee or distributee not been entitled to it.
Upon application to the district court within ten (10) years after such deposit, and upon notice to the county attorney and the county treasurer, the court may order the county treasurer to pay the same to the person entitled thereto. No interest shall be allowed or paid thereon, and if the deposit is not claimed within such time no recovery thereof can be had.
History: L. 1939, ch. 180, § 119; L. 1973, ch. 106, § 14; L. 1976, ch. 242, § 18; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 16 - Accounting Of Trustees › 59-1601 Testamentary trust inventory.

59-1601.
Testamentary trust inventory.
Within thirty (30) days after it is the duty of the first qualifying testamentary trustee to take possession of the trust property such trustee shall file with the district court where the will was admitted to probate an inventory under oath, showing by item all the trust property which shall have come to such trustee's possession or knowledge, with an estimated value thereof.
History:
L. 1939, ch. 180, § 120; L. 1976, ch. 242, § 19; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 16 - Accounting Of Trustees › 59-1602 Intermediate accountings.

59-1602.
Intermediate accountings.
Within such period of time as shall be established by rule of the supreme court, the testamentary trustee then in office shall file with the district court of the county where the will was admitted to probate an intermediate account under oath covering such year showing:
(a) The period which the account covers;
(b) a complete statement of the trust capital and income received and expended;
(c) present investments and other trust property held;
(d) the names and addresses of the beneficiaries and which of them are minors or adjudged disabled persons;
(e) proposed distributions;
(f) the payment of expenses, commissions and attorney fees; and
(g) such other facts as the court may require.
History: L. 1939, ch. 180, § 121; L. 1965, ch. 346, § 13; L. 1976, ch. 242, § 20; L. 1985, ch. 191, § 26; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 16 - Accounting Of Trustees › 59-1603 Final accounting.

59-1603.
Final accounting.
Within thirty (30) days after the termination of every testamentary trust the trustee, and in the case of the transfer of the trusteeship due to the death, resignation, removal, dissolution, merger or consolidation of a sole trustee, the successor in interest of the old trustee shall file with the district court of the county where the will was admitted to probate a final account under oath, showing for the period since the filing of the last account the facts required by K.S.A. 59-1602, regarding intermediate accountings and, in case of termination of the trust, the distribution of the trust property which the accountant proposes to make.
History:
L. 1939, ch. 180, § 122; L. 1976, ch. 242, § 21; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 16 - Accounting Of Trustees › 59-1604 Distribution accounting.

59-1604.
Distribution accounting.
Within thirty days after the distribution of the trust property by the testamentary trustee he or she shall file in the court where the final account was filed a distribution account of the trust property which he or she had distributed and the receipts of the distributees.
History:
L. 1939, ch. 180, § 123; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 16 - Accounting Of Trustees › 59-1605 Inventory by nontestamentary trustees.

59-1605.
Inventory by nontestamentary trustees.
Within thirty (30) days after it is the duty of the first qualifying trustee of a trust created by written instrument, other than by will, in favor of persons subject to conservatorship, to take possession of the trust property such trustee shall file in the district court of the county where the trust was created a notice of such trustee's appointment as trustee, a copy of the instrument creating the trust, a list of the names, addresses and dates of birth of the known living beneficiaries, and an inventory under oath of the trust property which shall come to such trustee's possession or knowledge, with an estimated value thereof.
History: L. 1939, ch. 180, § 124; L. 1965, ch. 346, § 14; L. 1976, ch. 242, § 22; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 16 - Accounting Of Trustees › 59-1606 Accounting by nontestamentary trustee.

59-1606.
Accounting by nontestamentary trustee.
Every such trustee shall file intermediate, final, and distribution accounts with the district court of the county where the trust was created, at the same intervals, under the same conditions and with the same effect as herein provided with respect to the accountings of a testamentary trustee in the district court.
History:
L. 1939, ch. 180, § 125; L. 1976, ch. 242, § 23; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 16 - Accounting Of Trustees › 59-1607 Power of testator or settlor.

59-1607.
Power of testator or settlor.
The testator or settlor of any trust affected by this article, may by provision in the instrument creating the trust, or by an amendment of the trust if a settlor reserved the power to amend the trust, relieve his or her trustee from any or all of the duties which would otherwise be placed upon him or her by this article, or add duties to those imposed by this article on his or her trustee with regard to inventories and accountings: Provided, That the court may, upon the application of any beneficiary or some person in his or her behalf, require the performance of the duties herein otherwise required. No expression of intent by any testator or settlor shall affect the jurisdiction of the courts of this state over inventories and accounts of trustees, insofar as such jurisdiction does not depend upon the provisions of this article.
History:
L. 1939, ch. 180, § 126; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 16 - Accounting Of Trustees › 59-1608 Power of beneficiary.

59-1608.
Power of beneficiary.
Subject to the approval of the court, any beneficiary, if of full age and not an incapacitated person, may, if acting upon full information, by written instrument delivered to the trustee, excuse the trustee as to such beneficiary from performing any of the duties imposed on the trustee by this article or exempt the trustee from liability to such beneficiary for failure to perform any of the duties imposed upon the trustee by the terms of this article.
History: L. 1939, ch. 180, § 127; L. 1965, ch. 346, § 15; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 16 - Accounting Of Trustees › 59-1609 Applicability of provisions.

59-1609.
Applicability of provisions.
Nothing in this article shall be construed to abridge the power of any court to require trustees to file an inventory, to account, to exhibit the trust property, or to give beneficiaries information or the privilege of inspection of trust records and papers, at times other than those herein prescribed; and nothing in this article shall be construed to abridge the power of such court for cause shown to excuse a trustee from performing any or all of the duties imposed on him or her by this article.
Nothing in this article shall prevent the trustee from accounting voluntarily when it is reasonably necessary, even though the trustee is not required to do so by this article or by court order. And nothing in this act shall require a trustee to qualify or to file an inventory or any accounting when the devise or bequest is to any governmental unit or department or solely for religious, charitable, or educational purposes, or for the maintenance of a cemetery or any part thereof or a place of burial, unless the court for good cause shown, or the will shall so require.
History:
L. 1939, ch. 180, § 128; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1701 Corporate fiduciaries.

59-1701.
Corporate fiduciaries.
(a) No bank, savings and loan association or other corporation shall be appointed or authorized directly or indirectly to act as a fiduciary in this state except:
(1) A bank, savings and loan association or other corporation organized under the laws of, and having its principal place of business in, this state;
(2) a national bank, federal savings bank or federal savings and loan association located in this state;
(3) a bank, savings and loan association or other corporation organized under the laws of, and having its principal place of business in, another state which permits a bank, savings and loan association or other corporation which is similarly organized in this state to act in a like fiduciary capacity in the other state under similar conditions;
(4) a national bank, federal savings bank or federal savings and loan association located in another state which permits a national bank, federal savings bank or federal savings and loan association located in this state to act in a like fiduciary capacity in the other state under similar conditions;
(5) a nonprofit corporation certified in accordance with K.S.A. 59-3070, and amendments thereto, to the extent provided by that statute; or
(6) as provided in K.S.A. 59-1707 and 59-1708, and amendments thereto.
(b) No officer, employee or agent of a bank, savings and loan association or corporation which is not authorized to act as a fiduciary in this state shall be permitted to act as a fiduciary, whether such officer, employee or agent is a resident or a nonresident of this state, when in fact such officer, employee or agent is acting as a fiduciary on behalf of such bank, savings and loan association or corporation.
(c) No bank, savings and loan association or other corporation, other than a nonprofit corporation certified in accordance with K.S.A. 59-3070, and amendments thereto, shall be appointed guardian of the person of a ward.
History:
L. 1939, ch. 180, § 131; L. 1967, ch. 314, § 11; L. 1981, ch. 226, § 1; L. 1985, ch. 193, § 1; L. 2002, ch. 114, § 59; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1702 Same; oath required, exceptions.

59-1702.
Same; oath required, exceptions.
Except as otherwise provided, every fiduciary, before entering upon the duties of the fiduciary's trust, shall take and subscribe to an oath that the fiduciary will faithfully, impartially and to the best of the fiduciary's ability discharge all the duties of the fiduciary's trust according to law and that the fiduciary is acting on the fiduciary's own behalf and not on behalf of any bank or corporation which is not authorized to act as a fiduciary in this state. An oath shall not be required for any fiduciary of a trust where qualification of the fiduciary with the court has been excused, waived or is otherwise not required. The oath on behalf of a corporate fiduciary shall be taken and subscribed by a duly authorized officer thereof.
History:
L. 1939, ch. 180, § 132; L. 1981, ch. 226, § 2; L. 1988, ch. 200, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1703 Duties of fiduciary; certain transactions voidable; exceptions.

59-1703.
Duties of fiduciary; certain transactions voidable; exceptions.
No fiduciary shall make a profit by the increase, nor suffer loss by the decrease or destruction without such fiduciary's fault, of any part of the estate, and such fiduciary shall account for the excess when he or she sells for more than the appraisement and shall not be responsible for the loss when he or she sells for less, if such sale appears to be beneficial to the estate.
A fiduciary shall not be responsible for any loss happening by the insolvency of any purchaser, or his or her sureties, for any sale duly made according to law, if such fiduciary proceeded with due caution in taking surety, and has used due diligence to collect thereon.
A fiduciary shall not be accountable for debts due the decedent or conservatee which remain uncollected without fault on such fiduciary's part, but where a fiduciary neglects or unreasonably delays to raise money by collecting debts or selling property, or neglects to pay over the money in his or her hands and by reason thereof the value of the estate is lessened, or unnecessary costs, interest, or penalties accrue, or the persons interested suffer loss, the same shall be deemed waste and the fiduciary shall be charged in his or her account with the damages sustained. A fiduciary shall not purchase any claim against the estate nor shall a fiduciary purchase directly or indirectly or be interested in the purchase of any property sold by such fiduciary, except as hereinafter provided.
Any sale, lease or mortgage to the personal representative, his or her spouse, child or grandchild, agent or attorney in fact, or to any corporation in which he or she has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable unless: (1) The will or a contract entered into by the decedent expressly authorized the transaction; or (2) the transaction is approved by the court after hearing upon notice to interested persons.
History: L. 1939, ch. 180, § 133; L. 1965, ch. 346, § 16; L. 1975, ch. 299, § 12; January 1, 1976.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1704 Liability for conversion.

59-1704.
Liability for conversion.
If any person embezzles or converts to his or her own use any of the personal property of a decedent or conservatee, such person shall be liable for double the value of the property so embezzled or converted.
History: L. 1939, ch. 180, § 134; L. 1965, ch. 346, § 17; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1705 Notice to consular representative.

59-1705.
Notice to consular representative.
When it appears in the administration of an estate of a decedent or a conservatee that subjects, citizens or nationals of any foreign country are or may be interested as heirs, devisees, legatees, or otherwise, the court before whom the matter is pending shall give notice by mail to the consular representative of such country for this state of the pendency of such matter and the probable interest of such foreign citizens, subjects, and nationals therein, if such consular representative has filed his or her name and address in such court. The failure to give such notice shall not affect the validity of any proceeding.
History: L. 1939, ch. 180, § 135; L. 1965, ch. 346, § 18; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1706 Nonresident fiduciary; appointment of agent required.

59-1706.
Nonresident fiduciary; appointment of agent required.
Every nonresident appointed a fiduciary in this state, before entering upon the duties of the trust, shall appoint in writing an agent residing in the county where the appointment is made. By such writing, the nonresident fiduciary consents that the service of any notice or process upon such agent shall have the same force and effect as personal service upon the fiduciary within such county and state. Such writing shall state the correct address of such agent and shall be filed in the district court where such appointment is made. Such writing shall include written acceptance of such appointment by the designated agent. Service of notice or process upon such agent shall have the same force and effect as personal service upon the fiduciary.
History:
L. 1939, ch. 180, § 136; L. 1976, ch. 242, § 24; L. 2002, ch. 135, § 5; July 1.