reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2206 No abatement.

59-2206.
No abatement.
No probate proceedings commenced by a personal representative shall abate by reason of the termination of the personal representative's authority.
History:
L. 1939, ch. 180, § 182; L. 1985, ch. 191, § 31; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2207 Venue of actions against fiduciaries.

59-2207.
Venue of actions against fiduciaries.
Any fiduciary may be sued in the district court of the county in which he or she was appointed, or in which he or she resides. If the fiduciary does not reside in the county of his or her appointment, service may be had upon the fiduciary by serving a summons in the county of his or her residence.
History: L. 1939, ch. 180, § 183; L. 1965, ch. 346, § 28; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2208 Notice fixed by court; waiver.

59-2208.
Notice fixed by court; waiver.
When notice of any probate proceedings is required by law or deemed necessary by the court and the manner of giving it is not directed by law, the court shall order notice to be given to all persons interested, in such manner and for such length of time as the court considers reasonable. A copy of the petition, any attachments to it and, when applicable, a copy of the will, accounting and settlement agreement shall be served with the notice, unless excused by court order. Any required notice may be waived in writing by: Any competent person; any fiduciary; a trustee on behalf of the trustee and all beneficiaries of the trust; a conservator on behalf of the conservator and all the conservator's conservatees; a guardian on behalf of the guardian and all the guardian's wards; a guardian ad litem on behalf of the guardian ad litem and all those whom the guardian ad litem represents; or an attorney under the servicemembers civil relief act on behalf of an attorney appointed pursuant to that act and all those whom such attorney represents.
History: L. 1939, ch. 180, § 184; L. 1975, ch. 299, § 13; L. 1985, ch. 191, § 32; L. 2005, ch. 45, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2209 Notice by publication and mailing.

59-2209. Notice by publication and mailing.
(a) When notice of hearing is required by any provision of this act by specific reference to this section, such notice shall be published once per week for three consecutive weeks in some newspaper of the county authorized by law to publish legal notices. The first publication shall be made within 30 days after the order fixing the time and place of the hearing and, within seven days after the first published notice, the petitioner shall mail or cause to be mailed, postage prepaid, a copy of the notice to each heir, devisee and legatee or guardian and ward, conservator and conservatee or guardian ad litem, as the case may be, other than the petitioner, whose name and address is known to the petitioner. A copy of the petition, any attachments to it and, when applicable, a copy of the will, accounting and settlement agreement shall be included with the notice, unless excused by court order. The date set for the hearing shall not be earlier than 10 days and not later than 30 days after the date of the last publication of notice.
(b) Whenever notice is mailed to a person residing in a foreign country, such notice shall be mailed by air mail.
History:
L. 1939, ch. 180, § 185; L. 1943, ch. 214, § 1; L. 1965, ch. 346, § 29; L. 1972, ch. 215, § 12; L. 1977, ch. 197, § 1; L. 1985, ch. 191, § 33; L. 2023, ch. 77, § 8; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2210 Form of notice.

59-2210.
Form of notice.
Notice of any hearing, if such is required, shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
History:
L. 1939, ch. 180, § 186; L. 1941, ch. 284, § 8; L. 1976, ch. 242, § 31; L. 2005, ch. 101, § 6; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2211 Proof of service; effect.

59-2211.
Proof of service; effect.
In all cases of notice by publication, the newspaper shall be selected by the petitioner or other person required to give such notice. In all cases requiring notice, whether by publication, mailing or otherwise, proof by affidavit of service of notice and, unless excused by court order, a copy of the petition and any attachments to it shall be filed before the hearing. No defect in any notice or in its service, not affecting the substantial rights of the parties, shall invalidate any proceedings after such notice and the proof of its service have been approved by the court.
History:
L. 1939, ch. 180, § 187; L. 1985, ch. 191, § 34; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2212 Hearings and rules of evidence.

59-2212.
Hearings and rules of evidence.
Trials and hearings in probate proceedings shall be by the court unless otherwise provided by law. The determination of any issue of fact or controverted matter on the hearing of any probate proceedings shall be in accordance with the rules of evidence provided for civil cases by the code of civil procedure, except as provided in the care and treatment act for mentally ill persons and the act for obtaining a guardian or conservator, or both.
History:
L. 1939, ch. 180, § 188; L. 1965, ch. 346, § 30; L. 1986, ch. 211, § 34; L. 1996, ch. 167, § 55; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2213 Judgments; verification of the petition; vacation or modification.

59-2213.
Judgments; verification of the petition; vacation or modification.
No judgment or decree shall be rendered in a probate proceeding without proof. The verification of the petition pursuant to K.S.A. 59-2201 and amendments thereto shall constitute sufficient proof of the statements made in the petition in the absence of written defenses or any appearance by an adverse party. The court shall have control of its orders, judgments, and decrees for 30 days after the date of the rendition thereof. Thereafter such orders, judgments, and decrees may be vacated or modified as provided by subsection (b) of K.S.A. 60-260 of the code of civil procedure.
History:
L. 1939, ch. 180, § 189; L. 1965, ch. 350, § 1; L. 1995, ch. 179, § 1; April 27.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2214 Taxation of costs and security therefor; poverty affidavit.

59-2214.
Taxation of costs and security therefor; poverty affidavit.
In all probate proceedings relating to a decedent or conservatee, the court shall tax the costs thereof against the estate unless otherwise provided by this act, or unless it appears that it would be unjust and inequitable to do so, in which event the court shall tax such costs or any part thereof against such party as it appears to the court is just and equitable in the premises. In case of any contested demand or matters the court may, in its discretion, require the claimant to give security for costs, or in lieu thereof file a poverty affidavit as provided in the code of civil procedure. In all proceedings relating to a ward, the court shall tax the costs or any part thereof as it appears to the court is just and equitable.
History:
L. 1939, ch. 180, § 190; L. 1941, ch. 284, § 9; L. 1965, ch. 346, § 31; L. 1976, ch. 242, § 32; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2215 Remission of court costs in estates under $10,000 in value.

59-2215. Remission of court costs in estates under $10,000 in value.
When the total assets of the estate of a decedent or conservatee do not exceed the sum of $10,000 in value, the court may remit the court costs or any part thereof to such estate.
History:
L. 1939, ch. 180, § 191; L. 1965, ch. 346, § 32; L. 2000, ch. 25, § 5; L. 2023, ch. 77, § 9; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2216 Disclosure proceedings.

59-2216.
Disclosure proceedings.
Upon the filing of a petition by a personal representative or any person interested in the estate, alleging that any person has concealed, converted, embezzled or disposed of any property belonging to the estate of a decedent or ward, or that any person has possession or knowledge of any will or codicil of a decedent, or of any instruments in writing relating to the property of such decedent or ward, the court, upon such notice it directs, may order such person to appear before it for disclosure. Refusal to appear or submit to examination, or failure to obey any lawful order based thereon, shall constitute contempt of court.
History:
L. 1939, ch. 180, § 192; L. 1985, ch. 191, § 35; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2217a Contempt of court.

59-2217a.
Contempt of court.
(a) If any person neglects or refuses to perform an order or judgment of a court, other than for the payment of money, such person shall be guilty of contempt of court; and the court shall issue an order to appear and show cause requiring such person, on a day to be stated in such order, to appear before the court and show cause why such person should not be punished for contempt. If, after proper service of the order to appear and show cause, such person served shall not on the day appointed appear before the court as ordered, or if it appears to the court that such person is secreting oneself to avoid the process of the court, the court may issue a bench warrant commanding that such person be brought before the court to answer for contempt.
(b) This section shall be part of and supplemental to the Kansas probate code.
History:
L. 1994, ch. 128, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2219 Petition for administration.

59-2219.
Petition for administration.
A petition for administration shall state: (1) The name, residence, and date and place of death, of the decedent; (2) the names, ages, residences, and addresses of the heirs of the decedent so far as known or can with reasonable diligence be ascertained; (3) the general character and probable value of the real and personal property; (4) the name, residence and address of the person for whom letters are prayed; and (5) whether administration is sought under the Kansas simplified estates act, and if such administration is sought, one or more reasons for seeking administration under the Kansas simplified estates act.
History: L. 1939, ch. 180, § 195; L. 1975, ch. 299, § 14; January 1, 1976.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2220 Petition for probate of will.

59-2220.
Petition for probate of will.
A petition for the probate of a will, in addition to the requirements of a petition for administration, shall state: (a) The names, ages, residences and addresses of the devisees and legatees so far as known or can with reasonable diligence be ascertained; (b) the name, residence, and address of the person, if any, named as executor; and (c) the name and address of the scrivener of the will, if known or ascertainable with due diligence. The will shall accompany the petition if it can be produced. The petition may also state whether a surviving spouse has executed a consent to the will, in which event the consent shall accompany the petition if the consent can be produced. A petition for the probate of a lost or destroyed will shall contain a statement of the provisions of the will.
History:
L. 1939, ch. 180, § 196; L. 1972, ch. 215, § 22; L. 1981, ch. 228, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2221 Who may petition for probate or administration.

59-2221.
Who may petition for probate or administration.
Any person interested in the estate, after the death of the testator or intestate, may petition for the probate of his or her will or for administration.
History:
L. 1939, ch. 180, § 197; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2222 Notice of hearing; contents.

59-2222. Notice of hearing; contents.
(a) When a petition is filed for the probate of a will, for the determination that the consent of a spouse to a will is a valid and binding consent, for administration or for refusal to grant letters of administration, the court shall fix the time and place for the hearing thereof. Notice of the hearing shall be given pursuant to K.S.A. 59-2209, and amendments thereto, unless the court makes an order to the contrary. If notice is by order of the court not required to be given pursuant to K.S.A. 59-2209, and amendments thereto, the court shall order notice of the hearing to be given, unless waived, in such manner as the court directs.
(b) When the petition seeks simplified administration, the notice shall advise all persons that under provisions for simplified administration the court need not supervise administration of the estate, and no notice of any action of the executor or administrator or other proceedings in the administration will be given, except for notice of final settlement of * decedent's estate. The notice shall further advise all persons that if written objections to simplified administration are filed with the court, the court may order that supervised administration ensue.
(c) When a petition has been filed for the refusal of letters of administration, pursuant to K.S.A. 59-2287, and amendments thereto, the notice given shall advise all persons that at such hearing exempt property and a reasonable allowance will be set aside to the surviving spouse and minor children, or both, and that no further notice of the proceeding will be given.
(d) When the state is a party, the notice shall be served upon the attorney general and the county or district attorney of the county.
(e) If the decedent or a predeceased spouse of the decedent received medical assistance payment under K.S.A. 39-709, and amendments thereto, or the laws of any other state, the state or states providing such payment or payments shall be entitled to notice. Such notice shall be given to the agency or department responsible for the recovery of medical assistance in Kansas or, if a state other than Kansas, to the attorney general of such state or states.
History:
L. 1939, ch. 180, § 198; L. 1941, ch. 284, § 15; L. 1975, ch. 299, § 15; L. 1981, ch. 228, § 2; L. 2007, ch. 190, § 13; L. 2015, ch. 42, § 15; July 1.
* The word "the" should have been included.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2223 Hearing; entry of appearance, waiver of notice and consent to immediate hearing.

59-2223.
Hearing; entry of appearance, waiver of notice and consent to immediate hearing.
When a petition is filed for the probate of a will, for the determination that a consent of a spouse to a will is a valid and binding consent or for administration, if all the parties interested as heirs, devisees and legatees enter their appearance in writing, duly acknowledged, waive the notice otherwise required and consent to an immediate hearing, a hearing may be held, in the discretion of the court, as if notice had been given. Such entry of appearance, waiver of notice and consent to an immediate hearing may be given by: (a) A trustee on behalf of the trustee and all beneficiaries of the trust; (b) a conservator on behalf of the conservator and all the conservator's conservatees; (c) a guardian on behalf of the guardian and all the guardian's wards; (d) a guardian ad litem on behalf of the guardian ad litem and all of those whom the guardian ad litem represents; or (e) by an attorney under the servicemembers civil relief act on behalf of an attorney appointed pursuant to the servicemembers civil relief act and all of those whom such attorney represents.
History:
L. 1939, ch. 180, § 199; L. 1975, ch. 299, § 16; L. 1981, ch. 228, § 3; L. 1987, ch. 211, § 1; L. 2005, ch. 45, § 3; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2224 Hearings for probate and for determination of validity of spouse's consent; procedure.

59-2224.
Hearings for probate and for determination of validity of spouse's consent; procedure.
The hearing of a petition for the probate of a will and the hearing of a petition for the determination that the consent of the spouse to the will is a valid and binding consent shall be separate issues which, in the discretion of the court, may be determined in a consolidated hearing or in separate hearings. On the hearing of a petition for the probate of a will or for the determination that the consent of a spouse to a will is a valid and binding consent, unless it is an uncontested, self-proved will or consent, the testimony of at least two of the subscribing witnesses shall be taken in person, by affidavit or by deposition. The court may waive the requirement of such testimony of such subscribing witnesses upon a proper showing that such witnesses are unavailable or cannot be located. Otherwise, the court may admit the testimony of other witnesses to prove the capacity of the testator or the spouse and the due execution of the will or consent and, as evidence of such execution, may admit proof of the handwriting of the testator or the spouse and of the subscribing witnesses. Any heir, devisee, or legatee may prosecute or oppose the probate of any will or the determination that the consent of the spouse to the will is a valid and binding consent. If the instrument alleged to be the will is not allowed as the last will and if the estate should be administered, the court shall grant administration to the person or persons entitled thereto.
History:
L. 1939, ch. 180, § 200; L. 1963, ch. 299, § 1; L. 1975, ch. 299, § 17; L. 1977, ch. 197, § 2; L. 1981, ch. 228, § 4; L. 1996, ch. 106, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2225 Hearing on will in opposition.

59-2225.
Hearing on will in opposition.
If, after a petition for the probate of a will has been filed, another instrument in writing purporting to be the last will or codicil shall be presented, proceedings shall be had for the probate thereof and thereupon the hearing on the petition theretofore filed shall be adjourned to the time fixed for the hearing of the subsequent petition. At such time proof shall be had upon all of such wills, codicils, and all matters pertaining thereto, and the court shall determine which of such instruments, if any, should be allowed as the last will.
History:
L. 1939. ch. 180, § 201; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2226 Will presented after probate of will.

59-2226.
Will presented after probate of will.
If, after a will has been admitted to probate, a later instrument in writing purporting to be the last will or codicil shall be presented, proceedings shall be had for the probate thereof, but notice of the hearing thereof shall be given to the devisees and legatees named in the will admitted to probate in addition to the heirs, and the devisees and legatees named in the will or codicil presented for probate. If the court admits the later will or codicil to probate, the order so admitting such will or codicil shall operate as a revocation of the order admitting the earlier will to probate so far as is necessary to give effect to the later will or codicil.
History:
L. 1939, ch. 180, § 202; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2227 Granting of letters.

59-2227.
Granting of letters.
Upon admission of the will to probate, the court shall appoint an executor or administrator with the will annexed and fix the amount of his or her bond as required by law, if such is required. If any person appointed does not qualify within ten days, the court may, with or without notice, grant letters to another or others. Upon filing of the oath and bond as required by law, letters shall issue.
History:
L. 1939, ch. 180, § 203; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2228 Hearing for probate of lost will.

59-2228.
Hearing for probate of lost will.
A lost or destroyed will may be established if its provisions are clearly and distinctly proved. When such will is established the provisions thereof shall be distinctly stated, certified by the court, and filed and recorded. Letters shall issue thereon as in the case of other wills.
History:
L. 1939, ch. 180, § 204; L. 1976, ch. 245, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2229 Admission of will probated outside state.

59-2229.
Admission of will probated outside state.
When a copy of a will executed outside this state and the probate of it, duly authenticated, is presented by the executor or any other person interested in the will, with a petition for its probate, the court shall fix the time and place for the hearing of the petition, notice of which shall be given to such persons and in such manner as the court directs. The title of any purchaser in good faith, without knowledge of the will, to any property derived from the fiduciary, heirs, devisees or legatees of the decedent shall not be defeated by the production of the will of the decedent and the petition for its probate after six months from the death of the decedent.
History:
L. 1939, ch. 180, § 205; L. 1982, ch. 235, § 3; L. 1983, ch. 189, § 1; L. 1985, ch. 191, § 36; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2230 Admission of will probated elsewhere.

59-2230.
Admission of will probated elsewhere.
(a) If, upon the hearing, it appears to the satisfaction of the court that the will of a resident or nonresident has been proved and admitted to probate outside this state and that it was executed according to the law of the place in which it was made, or in which the testator resided at the time of its execution or of the testator's death or in conformity with the laws of this state, it shall be admitted to probate with the same force and effect as the original probate of a will.
(b) The amendments to this section on July 1, 1982, and on the effective date of this act are declarations of the meaning of this section as it existed on June 30, 1982, and shall apply to any will, whether proved and admitted to probate outside this state before or after July 1, 1982, or before or after the effective date of this act.
History:
L. 1939, ch. 180, § 206; L. 1982, ch. 235, § 4; L. 1984, ch. 210, § 1; March 15.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2231 Record of order setting aside will probated elsewhere.

59-2231.
Record of order setting aside will probated elsewhere.
If such will shall later be set aside according to the law of the place where it was originally proved and admitted to probate, a duly authenticated copy of the final decree setting said will aside may be admitted to record in this state in the same manner and with like notice as the authenticated copy of said will was admitted to probate, and when so admitted to record shall have the same force and effect as a like order as to domestic will, unless the heirs, devisees, and legatees thereunder shall have been determined under the provisions of K.S.A. 59-2249.
History:
L. 1939, ch. 180, § 207; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2232 Hearing for administration.

59-2232.
Hearing for administration.
On the hearing of a petition for administration and proof thereof, the court shall appoint an administrator and fix the amount of his or her bond, as required by law. If the person appointed neglects for ten days after written notice of such appointment, served as the court may direct, to file the oath and bond required by law, such neglect shall be deemed a refusal to serve and the court, with or without notice, may appoint such other person or persons as may be entitled to administer such estate.
History:
L. 1939, ch. 180, § 208; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2233 Notice to surviving spouse.

59-2233.
Notice to surviving spouse.
(a) Upon the appointment and qualification of any administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto, the administrator, executor, petitioner or affiant shall forthwith mail a copy of the will, if any, together with a notice statement to the surviving spouse stating: "Under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, you may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death." Such notice shall be mailed within 10 days of the qualification of the administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto. Proof shall be by affidavit filed with the court.
(b) The mailing requirement of subsection (a) may be waived if:
(1) The surviving spouse is the petitioner or affiant; and
(2) a statement that the surviving spouse is aware that under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, the surviving spouse may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death is:
(A) Included in the petition for letters of administration, the petition for probate of a will, the petition for an order refusing to grant letters of administration or the affidavit pursuant to K.S.A. 59-618a, and amendments thereto; or
(B) included in an affidavit filed in the matter within 10 days after issuance of letters of administration, issuance of letters of testamentary, issuance of an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto.
History: L. 1939, ch. 180, § 209; L. 1951, ch. 335, § 2; L. 1972, ch. 215, § 13; L. 1975, ch. 299, § 18; L. 1976, ch. 242, § 34; L. 1981, ch. 228, § 5; L. 1994, ch. 132, § 20; L. 1996, ch. 53, § 7; L. 2006, ch. 52, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2233a Same; 59-603 and 59-2233 not retroactive.

59-2233a.
Same; 59-603 and 59-2233 not retroactive.
The provisions of this act shall govern in proceedings on wills admitted to probate after the effective date of this act, and the provisions of sections 59-603 and 59-2233 of the General Statutes of 1949 as existing prior to amendment by this act, shall govern in proceedings on wills admitted to probate before the effective date of this act.
History:
L. 1951, ch. 335, § 3; June 30.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2234 Election in case of incapacity.

59-2234.
Election in case of incapacity.
If the surviving spouse shall be an incapacitated person, it shall be the duty of the court to appoint some suitable person as commissioner, who shall ascertain the value of the provision made by will in lieu of the rights in the estate secured by statute and the value of the rights secured by statute. The commissioner shall make his or her verified written report to the court. Notice of the time and place of the hearing of the petition for the appointment of a commissioner and of the hearing on the commissioner's report shall be given to the surviving spouse and his or her conservator, if any, and all other persons interested in such manner and for such length of time as the court shall direct. After the hearing on the report the court shall make such election for such spouse under disability as is more valuable or advantageous to the spouse, which election shall be deemed as effectual as if made by the spouse when fully competent.
History: L. 1939, ch. 180, § 210; L. 1965, ch. 346, § 33; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2235 Selection of homestead and allowances.

59-2235.
Selection of homestead and allowances.
After the inventory and valuation have been filed, the surviving spouse, or in case there is none, the children, may petition the court to set apart the homestead, and the personal property allowed in K.S.A. 59-403. Such petition shall show the names, ages, and relationship of the parties, a description of the homestead claimed and of the personal property selected, and the valuation of the personal property selected under subsection (2) of K.S.A. 59-403. The petition may be heard with or without notice. Upon proof of the petition, the court shall set apart such homestead and personal property. The property so set apart shall be delivered by the executor or administrator to the persons entitled thereto, and shall not be treated as assets in his or her custody, but the title of the homestead shall be included in the final decree of distribution.
History: L. 1939, ch. 180, § 211; L. 1972, ch. 215, § 14; L. 1975, ch. 299, § 19; January 1, 1976.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2236 Notice to creditors.

59-2236.
Notice to creditors.
(a) The publication notice to creditors shall be to all persons concerned. It shall state the date of the filing of the petition for administration or petition for probate of a will and shall notify the creditors of the decedent to exhibit their demands against the estate within four months from the date of the first published notice as provided by law and that, if their demands are not thus exhibited, they shall be forever barred. The notice to creditors required by this section shall be combined with the notice for probate or administration required by K.S.A. 59-2222 and amendments thereto, except that, if the notice required pursuant to K.S.A. 59-2222 and amendments thereto is waived pursuant to K.S.A. 59-2223 and amendments thereto, the notice to creditors required by K.S.A. 59-709 and amendments thereto and this section shall be published separately.
(b) Actual notice required by subsection (b) of K.S.A. 59-709, and amendments thereto, may include, but not be limited to, mailing a copy of the published notice, by first class mail, to creditors within a reasonable time after their identities and addresses are ascertained.
History: L. 1939, ch. 180, § 212; L. 1972, ch. 215, § 15; L. 1975, ch. 299, § 20; L. 1976, ch. 245, § 4; L. 1985, ch. 191, § 37; L. 1989, ch. 173, § 4; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2237 Exhibition of demands and hearing thereon; allowance without hearing, when.

59-2237. Exhibition of demands and hearing thereon; allowance without hearing, when.
(a) Any person may exhibit a demand against the estate of a decedent by filing a petition for its allowance in the proper district court. Such demand shall be deemed duly exhibited from the date of the filing of the petition. The petition shall contain a statement of all offsets to which the estate is entitled. The person exhibiting the demand shall provide a copy of the demand, as filed, to the personal representative of the estate. The court shall from time to time as it deems advisable, and must at the request of the executor or administrator, or at the request of any creditor having exhibited demand, fix the time and place for the hearing of such demands. Notice of the time and place of the demand hearing shall be given in such manner and to such persons as the court shall direct.
(b) The verification of any demand may be deemed prima facie evidence of its validity unless a written defense thereto is filed. Upon the adjudication of any demand, the court shall enter its judgment allowing or disallowing it. Such judgment shall show the date of adjudication, the amount allowed, the amount disallowed and classification if allowed. Judgments relating to contingent demands shall state the nature of the contingency.
(c) Any demand not exceeding $10,000, other than a demand by the executor or administrator, duly itemized and verified and which is timely filed, may be paid by the executor or administrator without compliance with any of the provisions of this act relating to petition, notice of hearing, allowance by the court or otherwise. If a written defense to the petition of the executor or administrator for a final settlement and accounting is timely filed by any interested party which takes issue with payment of the demand by the executor or administrator, at the hearing on the petition the burden of proof shall be upon the executor or administrator to establish that the demand was due and owing by the estate. If the demand, or any part thereof, is disallowed by the court, the accounting of the executor or administrator shall not be allowed as to the disallowed demand, or part thereof.
History:
L. 1939, ch. 180, § 213; L. 1941, ch. 284, § 10; L. 1943, ch. 213, § 3; L. 1974, ch. 238, § 1; L. 1976, ch. 242, § 35; L. 1987, ch. 212, § 1; L. 1989, ch. 173, § 5; L. 2000, ch. 25, § 6; L. 2023, ch. 77, § 10; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2238 Actions pending against decedent at time of death; revivor of actions.

59-2238.
Actions pending against decedent at time of death; revivor of actions.
(1) Any action pending against any person at the time of such person's death, which by law survives against the executor or administrator, shall be considered a demand legally exhibited against such estate from the time such action shall be revived. Such action shall be revived in the court in which it was pending and such court shall retain jurisdiction to try and determine said action.
(2) Any action commenced against any executor or administrator after the death of the decedent shall be considered a demand legally exhibited against such estate from the time of serving the original process on such executor or administrator.
(3) The judgment creditor shall file a certified copy of the judgment obtained in an action such as described in subsection (1) or (2) of this section in the proper district court within thirty (30) days after said judgment becomes final.
History:
L. 1939, ch. 180, § 214; L. 1951, ch. 343, § 1; L. 1976, ch. 242, § 36; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2239 Claims against estate; time for filing; when barred.

59-2239.
Claims against estate; time for filing; when barred.
(1) All demands, including demands of the state, against a decedent's estate, whether due or to become due, whether absolute or contingent, including any demand arising from or out of any statutory liability of decedent or on account of or arising from any liability as surety, guarantor or indemnitor, and including the individual demands of executors and administrators, shall be forever barred from payment unless the demand is presented within the later of: (a) four months from the date of first publication of notice under K.S.A. 59-2236, and amendments thereto; or (b) if the identity of the creditor is known or reasonably ascertainable, 30 days after actual notice was given, except that the provisions of the testator's will requiring the payment of a demand exhibited later shall control. No creditor shall have any claim against or lien upon the property of a decedent other than liens existing at the date of the decedent's death, unless a petition is filed for the probate of the decedent's will pursuant to K.S.A. 59-2220 and amendments thereto or for the administration of the decedent's estate pursuant to K.S.A. 59-2219 and amendments thereto within six months after the death of the decedent and such creditor has exhibited the creditor's demand in the manner and within the time prescribed by this section, except as otherwise provided by this section.
(2) Nothing in this section shall affect or prevent the enforcement of a claim arising out of tort against the personal representative of a decedent within the period of the statute of limitations provided for an action on such claim. For the purpose of enforcing such claims, the estate of the decedent may be opened or reopened, a special administrator appointed, and suit filed against the administrator within the period of the statute of limitations for such action. Any recovery by the claimant in such action shall not affect the distribution of the assets of the estate of the decedent unless a claim was filed in the district court within the time allowed for filing claims against the estate under subsection (1) or an action commenced as provided in subsection (2) of K.S.A. 59-2238 and amendments thereto. The action may be filed in any court of competent jurisdiction and the rules of pleading and procedure in the action shall be the same as apply in civil actions. Any such special administration shall be closed and the special administrator promptly discharged when the statute of limitations for filing such actions has expired and no action has been filed or upon conclusion of any action filed. All court costs incurred in a proceeding under this subsection shall be taxed to the petitioner.
History:
L. 1939, ch. 180, § 215; L. 1972, ch. 215, § 16; L. 1976, ch. 245, § 5; L. 1976, ch. 242, § 37; L. 1985, ch. 191, § 38; L. 2004, ch. 73, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2240 Demands not due.

59-2240.
Demands not due.
The court may allow demands, which are payable at a future day, at the then present value thereof, or the court may order the executor or administrator to retain in his or her hands sufficient funds to satisfy the same upon maturity; or if the heirs, devisees, or legatees offer to give bond to a creditor for the payment of the creditor's demand according to the terms thereof, the court may order such bond to be given in satisfaction of such demand.
History:
L. 1939, ch. 180, § 216; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2241 Hearing on contingent demands.

59-2241.
Hearing on contingent demands.
Contingent claims or demands against an estate shall be heard and determined by the court in accordance with the rights of the parties respecting such claims and in such manner as not to delay the closing of the estate, if that can be done with justice to the parties.
History:
L. 1939, ch. 180, § 217; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2242 Sale of personal property; limitations.

59-2242.
Sale of personal property; limitations.
A petition for the sale of personal property of a decedent may be heard with or without notice. The order of sale shall describe the property, and direct whether it shall be sold at private sale or public auction. No sale of personal property shall be made at private sale for less than three-fourths of the valuation pursuant to K.S.A. 59-1201, or in the event of appraisement, for no less than three-fourths of the appraised value so determined pursuant to K.S.A. 59-1202.
History:
L. 1939, ch. 180, § 218; L. 1976, ch. 245, § 11; L. 1978, ch. 220, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2243 Notice of sale at public auction.

59-2243.
Notice of sale at public auction.
In all sales at public auction, the personal representative shall give notice containing a description of the property to be sold, and stating the time, terms and place of sale, by publication once not less than 10 days before the date of sale in some newspaper, authorized to publish legal notices, of the county where the sale is to be held.
History:
L. 1939, ch. 180, § 219; L. 1985, ch. 194, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2244 Credit may be given.

59-2244.
Credit may be given.
In all sales of personal property, the court may authorize credit to be given by the executor or administrator not exceeding nine (9) months from the date of his or her appointment and qualification. When such credit is given, notes or bonds with approved sureties shall be taken by the executor or administrator.
History: L. 1939, ch. 180, § 220; L. 1972, ch. 215, § 17; July 2.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2245 Report of sale of personal property.

59-2245.
Report of sale of personal property.
Within thirty (30) days after any public or private sale of personal property the executor or administrator shall make due report thereof verified by affidavit to the district court. Such report shall include proof of proper notice of such sale, if at public auction, and, if a clerk was employed for such sale, shall be accompanied by a sale bill signed by such clerk.
History:
L. 1939, ch. 180, § 221; L. 1976, ch. 242, § 38; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2246 Partial distribution.

59-2246.
Partial distribution.
A petition for partial distribution may be heard without notice, or the court may require notice to be given. When such notice is required or given, a decree of partial distribution shall be final as to the persons entitled to such distribution and as to their respective proportions of the whole estate, unless such decree includes only specific legacies. Where any person entitled to receive a distributive share of any partial distribution of an estate hereunder is the defendant in a garnishment action or proceeding wherein the executor or administrator of the estate is the garnishee, such person's distributive share shall be subject to the order of garnishment served upon the executor or administrator, and no property or funds of the estate shall be delivered or paid over to such person until further order of the court from which the order of garnishment was issued.
History:
L. 1939, ch. 180, § 222; L. 1972, ch. 222, § 15; L. 2004, ch. 73, § 3; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2247 Petition and notice of final settlement.

59-2247. Petition and notice of final settlement.
(a) The petition of an executor or an administrator for a final settlement and accounting, and a determination of the persons entitled to the estate of a decedent, shall, in addition to other requirements, contain:
(1) A statement of the account;
(2) the names, residences, and addresses of the heirs, devisees, and legatees;
(3) a description of the real estate and the interest of the decedent therein at the time of the decedent's death;
(4) the nature and character of the respective claims of the heirs, devisees, and legatees of the decedent; and
(5) a statement that neither the decedent nor a predeceased spouse of the decedent were paid medical assistance under K.S.A. 39-709, and amendments thereto, or the laws of any other state, or, in the event that such assistance was paid for or to the decedent or a predeceased spouse of the decedent under K.S.A. 39-709, and amendments thereto, or the laws of any other state, that the state making such payments was duly notified of the filing of the petition as required by K.S.A. 59-2222, and amendments thereto.
Notice of the hearing on a petition of an executor or administrator for a final settlement and accounting in which title to real estate 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 in K.S.A. 59-2208, and amendments thereto.
History:
L. 1939, ch. 180, § 223; L. 1987, ch. 212, § 3; L. 2007, ch. 190, § 14; L. 2015, ch. 42, § 16; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2248 Determination of advancements.

59-2248.
Determination of advancements.
All questions as to advancements made, or alleged to have been made, by the intestate to any heir shall be heard and determined by the court at the time of settlement, and every such advancement shall be specified in the decree distributing and assigning the estate. For the purpose of determining what proportion any one who has received an advancement is entitled to receive from the estate, the court shall ascertain the value of the entire residue of such estate, by ordering an appraisement or in such other manner as it may deem best.
History:
L. 1939, ch. 180, § 224; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2249 Hearing and final decree; real estate; distributive share subject to order of garnishment.

59-2249.
Hearing and final decree; real estate; distributive share subject to order of garnishment.
(a) On the hearing, unless otherwise ordered, the executor or administrator shall, and other persons may, be examined relative to the account and the distribution of the estate. If all the taxes payable by the estate have been paid so far as there are funds to pay them and the account is correct, it shall be settled and allowed. If the account is incorrect, it shall be corrected and then settled and allowed. Upon settlement and allowance, the court shall determine the heirs, devisees and legatees entitled to the estate and assign it to them by its decree, pursuant to the terms of the will, the laws of intestate succession in effect on the date of the decedent's death or a valid settlement agreement. The decree shall name the heirs, devisees and legatees; describe the property; and state the proportion or part thereof to which each is entitled. The decree shall be binding as to all the estate of the decedent, whether specifically described in the proceedings or not. In the estate of a testate decedent, no heirs need be named in the decree unless they have, as such, an interest in the estate.
(b) When the final decree includes real estate, such decree, or a certified copy of it, may be entered on the transfer record of the county clerk of the proper county. When any such decree which includes real estate shall become final, it shall be the duty of the court to transmit a certified copy of it to the county clerk and the county clerk shall enter it on the transfer record in the clerk's office.
(c) If any person entitled to receive a distributive share of an estate pursuant to a decree hereunder is the defendant in a garnishment action or proceeding in which the executor or administrator of the estate is the garnishee, the person's distributive share shall be subject to the order of garnishment served upon the executor or administrator, and no property or funds of the estate shall be delivered or paid over to the person until further order of the court from which the order of garnishment was issued.
History:
L. 1939, ch. 180, § 225; L. 1949, ch. 314, § 1; L. 1972, ch. 222, § 16; L. 1976, ch. 242, § 39; L. 1985, ch. 191, § 39; L. 1989, ch. 174, § 2; L. 1990, ch. 198, § 3; L. 2000, ch. 76, § 4; L. 2010, ch. 44, § 22; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2250 Proceedings to determine descent.

59-2250.
Proceedings to determine descent.
Whenever any person has been dead for more than six months and has left property or any interest in property, any person interested in the estate or claiming an interest in such property may petition the district court of the county of the decedent's residence, or of any county where property or any interest in property of the decedent is situated, to determine its descent under the laws of intestate succession or under the terms of a valid settlement agreement if:
(a) No will has been filed under K.S.A. 59-618a and amendments thereto within six months after death;
(b) no petition has been filed for the probate of a will in this state; and
(c) no petition for administration has been filed in this state or administration has been had without a determination of the descent of the property.
History:
L. 1939, ch. 180, § 226; L. 1941, ch. 284, § 11; L. 1972, ch. 215, § 18; L. 1976, ch. 242, § 40; L. 1985, ch. 191, § 40; L. 1987, ch. 211, § 2; July 1.