reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 1 - General Provisions › 59-102 Definitions.

59-102.
Definitions.
As used in the Kansas probate code, unless the context otherwise indicates:
(1) "District court" means judge of the district court when that meaning is necessary to effectuate the general purpose of the provisions of the Kansas probate code.
(2) "Personal representative" includes executors, administrators, administrators with the will annexed, administrators de bonis non, conservators and guardians.
(3) "Fiduciary" includes personal representatives, trustees and surviving partners administering their trusts.
(4) "Person," as applied to fiduciaries, includes banks and other corporations authorized by law to act in a fiduciary capacity in this state.
(5) "Simplified administration" means administration under the Kansas simplified estates act contained in K.S.A. 59-3201 through 59-3206, and amendments thereto.
(6) "Supervised administration" means administration by a personal representative under the Kansas probate code, exclusive of the Kansas simplified estates act, the Kansas informal administration act or refusal to grant letters of administrative procedures.
(7) "Informal administration" means administration under the Kansas informal administration act.
(8) "Valid settlement agreement" means a written and acknowledged instrument which affects the administration or distribution of the estate and which is entered into by all interested heirs, devisees, legatees and persons whose interests are affected by the settlement agreement, all of whom must be competent or authorized to enter into such agreement.
(9) The masculine gender includes the feminine.
(10) The singular number includes the plural.
History:
L. 1939, ch. 180, § 2; L. 1965, ch. 346, § 1; L. 1975, ch. 299, § 1; L. 1976, ch. 242, § 1; L. 1985, ch. 191, § 7; L. 1997, ch. 32, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 1 - General Provisions › 59-103 Application of chapter; form of petitions.

59-103.
Application of chapter; form of petitions.
(a) Chapter 59 of the Kansas Statutes Annotated may be used:
(1) To admit last wills and testaments to probate.
(2) To grant and revoke letters testamentary and of administration.
(3) To direct and control the official acts of executors and administrators, to settle their accounts, and to order the distribution of estates.
(4) To administer partnership estates as provided in this act.
(5) To determine the heirs, devisees, and legatees of decedents.
(6) To appoint and remove guardians and conservators for minors, voluntary conservatees and incapacitated persons, to make all necessary orders relating to their estates, to direct and control the official acts of such guardians and conservators and to settle their accounts.
(7) To supervise the administration of trusts and powers created by wills admitted to probate, and trusts and powers created by written instruments other than by wills in favor of persons subject to conservatorship; to appoint and remove trustees for such trusts, to make all necessary orders relating to such trust estates, to direct and control the official acts of such trustees, and to settle their accounts.
(8) To appoint and remove trustees of estates of convicts imprisoned in a correctional institution under sentence of imprisonment for life, to make all necessary orders relating to their estates, to direct and control the official acts of such trustees, and to settle their accounts.
(9) To hold hearings respecting mentally ill persons, and to order their referral for treatment.
(b) Every petition to commence an action pursuant to chapter 59 shall state, immediately below the clause showing the name of the court, parties and case docket number, the following: "Petition pursuant to chapter 59 of the Kansas Statutes Annotated."
History:
L. 1977, ch. 112, § 17; L. 1982, ch. 234, § 1; L. 1990, ch. 309, § 35; May 24.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 2 - Courts And Their Records › 59-212 Records to be kept by court for chapter 59 actions.

59-212.
Records to be kept by court for chapter 59 actions.
(a) The following shall be kept by the court for proceedings under chapter 59 of the Kansas Statutes Annotated:
(1) An appearance docket, in which shall be listed under the name of the decedent, ward, conservatee, mentally ill person, or other person involved, all documents pertaining thereto and in the order filed, except that separate appearance dockets, not open to public inspection shall be kept for proceedings under the care and treatment act for mentally ill persons and adoptions. Such list shall show the nature of the document, the date of the filing thereof, shall give a reference to the volume and page of any other book or reference to microfilm in which any record shall have been made of such document, and shall state the charge, if any, therefor.
(2) A suitable general index, in which files pertaining to estates of decedents shall be indexed under the name of the decedent, those pertaining to guardianships under the name of the ward, those pertaining to conservatorships under the name of the conservatee, those pertaining to mentally ill persons under the name of such person, those pertaining to adoption of children under both the name and adopted name of the child. After the name of each file shall be shown the case number.
(b) Suitable permanent duplicate copies of the following, kept by the district court prior to the effective date of this act, may be disposed of at the discretion of the district court: (1) All wills admitted to probate; (2) all elections filed; (3) all letters of appointment issued; (4) all certificates of appointment filed; (5) all bonds filed; (6) all orders, judgments and decrees, including estate and inheritance tax determination; (7) appearance docket sheets; (8) journals; (9) copies of journal entries of judgment; and (10) such other documents as the court may determine.
History:
L. 1939, ch. 180, § 14; L. 1965, ch. 346, § 6; L. 1970, ch. 224, § 1; L. 1976, ch. 242, § 2; L. 1977, ch. 109, § 30; L. 1980, ch. 165, § 1; L. 1986, ch. 211, § 33; L. 1991, ch. 165, § 1; L. 1995, ch. 103, § 1; L. 1996, ch. 167, § 53; L. 2010, ch. 44, § 19; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 2 - Courts And Their Records › 59-213 Filing of probate proceeding documents.

59-213.
Filing of probate proceeding documents.
A duly certified copy of any document on file or of record in any probate proceedings in the district court of any county of the state may be filed in the district court of any other county of the state, and when so filed shall have the same force and effect in such other county as in the county of origin.
History:
L. 1939, ch. 180, § 15; L. 1953, ch. 271, § 1; L. 1976, ch. 242, § 3; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 2 - Courts And Their Records › 59-214 Inspection of books and records; copies.

59-214.
Inspection of books and records; copies.
The books and records of the district court involving proceedings pursuant to chapter 59 of the Kansas Statutes Annotated shall be open to inspection by all persons at all times, except as provided in adoption proceedings, in K.S.A. 59-2979 and amendments thereto or in K.S.A. 65-5601 to 65-5605, inclusive, and amendments thereto, as applicable. The court shall furnish a certified or authenticated copy of any document on file or of record which is open to public inspection, upon payment therefor. The court, in making certified or authenticated copies of letters of appointment, is authorized upon request to certify further whenever such is the fact, that the letters so certified stand unrevoked at the date of the certificate; and such certificate shall be prima facie evidence of such fact.
History:
L. 1939, ch. 180, § 16; L. 1965, ch. 346, § 7; L. 1976, ch. 243, § 41; L. 1976, ch. 242, § 4; L. 1986, ch. 212, § 6; L. 1996, ch. 167, § 54; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 4 - Homestead And Family Allowances › 59-401 Homestead.

59-401.
Homestead.
A homestead to the extent of 160 acres of land lying without, or of one acre lying within, the limits of an incorporated city, or a manufactured home or mobile home, occupied by the decedent and family, at the time of the owner's death, as a residence, and continued to be so occupied by the surviving spouse and children, after such death, together with all the improvements on the same, shall be wholly exempt from distribution under any of the laws of this state, and from the payment of the debts of the decedent, but it shall not be exempt from sale for taxes thereon, or for the payment of obligations contracted for the purchase thereof, or for the erection of improvements thereon, or for the payment of any lien given thereon by the joint consent of husband and wife. The title to the homestead property of a decedent shall pass the same as the title to other property of the decedent.
History:
L. 1939, ch. 180, § 19; L. 1953, ch. 272, § 1; L. 1979, ch. 178, § 1; L. 1991, ch. 33, § 34; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 4 - Homestead And Family Allowances › 59-402 Same; partition.

59-402.
Same; partition.
The homestead shall not be subject to forced partition unless the surviving spouse remarries, nor until all the children arrive at the age of majority.
History:
L. 1939, ch. 180, § 20; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 4 - Homestead And Family Allowances › 59-403 Allowance to spouse and minor children.

59-403. Allowance to spouse and minor children.
When a resident of the state dies, testate or intestate, the surviving spouse shall be allowed, for the benefit of such spouse and the decedent's minor children during the period of their minority, from the personal or real property of which the decedent was possessed or to which the decedent was entitled at the time of death, the following:
(a) The wearing apparel, family library, pictures, musical instruments, furniture and household goods, utensils and implements used in the home, one automobile, and provisions and fuel on hand necessary for the support of the spouse and minor children for one year.
(b) A reasonable allowance of not more than $75,000 in money or other personal or real property at its appraised value in full or part payment thereof, with the exact amount of such allowance to be determined and ordered by the court, after taking into account the condition of the estate of the decedent.
The property shall not be liable for the payment of any of decedent's debts or other demands against the decedent's estate, except liens thereon existing at the time of the decedent's death. If there are no minor children, the property shall belong to the spouse; if there are minor children and no spouse, it shall belong to the minor children. The selection shall be made by the spouse, if living, otherwise by the guardian of the minor children. In case any of the decedent's minor children are not living with the surviving spouse, the court may make such division as the court deems equitable.
History:
L. 1939, ch. 180, § 21; L. 1941, ch. 284, § 1; L. 1965, ch. 352, § 1; L. 1967, ch. 313, § 1; L. 1975, ch. 299, § 2; L. 1989, ch. 173, § 1; L. 1991, ch. 166, § 1; L. 1994, ch. 132, § 18; L. 2000, ch. 25, § 1; L. 2008, ch. 14, § 1; L. 2023, ch. 77, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 4 - Homestead And Family Allowances › 59-404 Effect of election to take under will by spouse.

59-404.
Effect of election to take under will by spouse.
The surviving spouse, by electing to take under the will of the decedent or by consenting thereto, does not waive the homestead right nor the right to such allowance, unless it clearly appears from the will that the provision therein made for such spouse was intended to be in lieu of such rights.
History:
L. 1939, ch. 180, § 22; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 5 - Intestate Succession › 59-501 Definitions.

59-501.
Definitions.
As used in K.S.A. 59-502 through 59-514, inclusive:
(a) "Children" means biological children, including a posthumous child; children adopted as provided by law; and children whose parentage is or has been determined under the Kansas parentage act or prior law.
(b) "Issue" includes adopted children of deceased children or issue.
History:
L. 1939, ch. 180, § 23; L. 1985, ch. 114, § 25; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 5 - Intestate Succession › 59-502 Descent of property of intestate resident.

59-502.
Descent of property of intestate resident.
Subject to any homestead rights, the allowances provided in K.S.A. 59-403, and the payment of reasonable funeral expenses, expenses of last sickness and costs of administration, taxes, and debts, the property of a resident decedent, who dies intestate, shall at the time of death pass by intestate succession as provided in this article.
History:
L. 1939, ch. 180, § 24; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 5 - Intestate Succession › 59-504 Surviving spouse.

59-504.
Surviving spouse.
If the decedent leaves a spouse and no children nor issue of a previously deceased child, all the decedent's property shall pass to the surviving spouse. If the decedent leaves a spouse and a child, or children, or issue of a previously deceased child or children, one-half of such property shall pass to the surviving spouse.
History:
L. 1939, ch. 180, § 26; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 5 - Intestate Succession › 59-505 Same; half of realty to surviving spouse.

59-505.
Same; half of realty to surviving spouse.
Except as provided further, the surviving spouse shall be entitled to receive one-half of all real estate of which the decedent at any time during the marriage was seized or possessed and to the disposition whereof the survivor shall not have consented in writing, or by a will, or by an election as provided by law to take under a will, except such real estate as has been sold on execution or judicial sale, or taken by other legal proceeding. The surviving spouse shall not be entitled to any interest under the provisions of this section in any real estate of which such decedent in such decedent's lifetime made a conveyance, when such spouse at the time of the conveyance was not a resident of this state and never had been during the existence of the marriage relation. The spouse's entitlement under this section shall be included as part of the surviving spouse's property under K.S.A. 59-6a207, and amendments thereto.
History:
L. 1939, ch. 180, § 27; L. 1996, ch. 53, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 5 - Intestate Succession › 59-506 Surviving children or issue.

59-506.
Surviving children or issue.
If the decedent leaves a child, or children, or issue of a previously deceased child or children, and no spouse, all his or her property shall pass to the surviving child, or in equal shares to the surviving children and the living issue, if any, of a previously deceased child, but such issue shall collectively take only the share their parent would have taken had such parent been living. If the decedent leaves such child, children, or issue, and a spouse, one-half of such property shall pass to such child, children, and issue as aforesaid.
History:
L. 1939, ch. 180, § 28; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 5 - Intestate Succession › 59-507 No spouse, child or issue, of the decedent.

59-507.
No spouse, child or issue, of the decedent.
If the decedent leaves no surviving spouse, child, or issue, but leaves a surviving parent or surviving parents, all of his or her property shall pass to such surviving parent, or in equal shares to such surviving parents, but if the decedent is an adopted child such property shall pass to his or her adoptive parent or parents in like manner including a natural parent who is the spouse of an adoptive parent.
History:
L. 1939, ch. 180, § 29; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 5 - Intestate Succession › 59-508 No spouse, child, issue, or parents.

59-508.
No spouse, child, issue, or parents.
If the decedent leaves no surviving spouse, child, issue, or parents, the respective shares of his or her property which would have passed to the parents, had both of them been living, shall pass to the heirs of such parents respectively (excluding their respective spouses), the same as it would have passed had such parents owned it in equal shares and died intestate at the time of his or her death; but if either of said parents left no such heirs, then and in that event his or her property shall pass to the living heirs of the other parent.
History:
L. 1939, ch. 180, § 30; L. 1949, ch. 310, § 1; April 15.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 5 - Intestate Succession › 59-509 Limitation on descent.

59-509.
Limitation on descent.
In computing degrees of relationship by blood for the purpose of the passing of property of an intestate decedent, each generation in the ascending or descending line shall be counted as one degree. None of such property shall pass except by lineal descent to a person further removed from the decedent than the sixth degree, as so computed. In all cases of intestate succession the right of a living person to have the property, or a share of it, pass to him or her, shall be determined as here provided, but the property shall pass immediately from the decedent to the person entitled to receive it.
History:
L. 1939, ch. 180, § 31; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 5 - Intestate Succession › 59-510 Advancements.

59-510.
Advancements.
Property which has been given by an intestate decedent by way of an advancement to one to whom the decedent's property, or a part of it, would pass by intestate succession, shall be counted as a part of the distributive share of such property to such person, and to that extent shall be taken into account in determining the estate to be distributed among those to whom it passes by intestate succession, but if such advancement exceeds the amount to which such person would be entitled by the laws of intestate succession the person shall not be required to refund any portion of the advancement. If such person receiving an advancement dies before the decedent, leaving heirs who take from the decedent, the advancement shall be allowed in like manner as if it had been made directly to them.
History:
L. 1939, ch. 180, § 32; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 5 - Intestate Succession › 59-513 Incapacity of person who kills another to take from decedent's estate or property; effect on estates and property of both of suicide by person who kills spouse; order prohibiting disposition of assets until criminal proceedings are completed.

59-513. Incapacity of person who kills another to take from decedent's estate or property; effect on estates and property of both of suicide by person who kills spouse; order prohibiting disposition of assets until criminal proceedings are completed.
(a) No person convicted of feloniously killing, or procuring the killing of, another person shall inherit or take by will, by intestate succession, as a surviving joint tenant, as the designated beneficiary of real or personal property, as a beneficiary under a trust or otherwise from such other person any portion of the estate or property in which the decedent had an interest.
(b) When any person kills or causes the killing of such person's spouse, and then takes such person's own life, the estates and property of both persons shall be disposed of as if their deaths were simultaneous pursuant to the provisions of K.S.A. 58-708 to 58-718, inclusive, and amendments thereto.
(c) (1) The court may, upon its own motion or upon the written request of any party, prohibit the sale, distribution, spending or use of an asset or interest described in subsection (a), or a portion or proceeds thereof, by a person who has been arrested for or charged with the felonious killing, or procuring the killing of, the decedent.
(2) An order entered pursuant to this subsection may be granted ex parte upon a showing of criminal charges filed against a person interested in the estate.
(3) (A) An order entered pursuant to this subsection shall be in effect until modified or terminated by the court.
(B) Upon the written request of a person subject to an order under this subsection to modify or terminate such order, the court shall fix the time and place for the hearing thereof. Notice of the time and place of the hearing shall be given in such manner and to such persons as the court shall direct.
(C) The court shall terminate such order if the court finds that any of the following events relating to the arrest or charges that were the basis for the order have occurred:
(i) Dismissal of all such charges;
(ii) acquittal as to all such charges;
(iii) conviction or other disposition; or
(iv) expungement of the arrest records by court order pursuant to K.S.A. 22-2410, and amendments thereto.
History:
L. 1939, ch. 180, § 35; L. 1970, ch. 225, § 1; L. 1995, ch. 105, § 1; L. 2023, ch. 74, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 5 - Intestate Succession › 59-514 Intestate descent; escheat, when.

59-514.
Intestate descent; escheat, when.
If an intestate decedent leaves no person entitled to receive property of the decedent as said intestate's heir under the provisions of K.S.A. 59-503 to 59-513, both sections inclusive, and acts amendatory thereof or supplemental thereto, then and in that event said intestate's property shall pass to the living heirs of the intestate's last spouse dying prior to the death of the intestate and if there be no such heir or heirs, then the estate shall escheat to and become the property of the state.
History:
L. 1939, ch. 180, § 36; L. 1963, ch. 298, § 1; June 30.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-601 Who may make will.

59-601.
Who may make will.
Any person of sound mind, and possessing the rights of majority, may dispose of any or all of his or her property by will, subject to the provisions of this act.
History:
L. 1939, ch. 180, § 37; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-602 Limitation on testamentary power.

59-602.
Limitation on testamentary power.
Any devise or other disposition of real estate located in this state taking effect in possession or enjoyment at death, and any bequest or other disposition of any personal property by a resident of this state taking effect in possession or enjoyment at death, without regard to the time when the will or other instrument containing such devise, bequest or other such disposition shall have been made, to any foreign country, subdivision thereof, or city, body politic, or corporation, located therein or existing under the laws thereof, or in trust or otherwise to any trustee or agent thereof, except devises, bequests or other such dispositions to institutions created and existing exclusively for religious, educational, or charitable purposes, is hereby prohibited. Any such devise, bequest or other such disposition shall be void.
History:
L. 1939, ch. 180, § 38; L. 1992, ch. 79, § 1; L. 1994, ch. 132, § 19; January 1, 1995.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-604 Devise or bequest to witness.

59-604.
Devise or bequest to witness.
A beneficial devise or bequest made in a will to a subscribing witness thereto shall be void, unless there are two other competent subscribing witnesses who are not beneficiaries thereunder. But if such witness would have been entitled to any share of the testator's estate in the absence of a will, then so much of such share as will not exceed the value of the devise or bequest shall pass to the witness from the part of the estate included in the void devise or bequest. Such share shall be considered as a legacy or devise within the meaning of K.S.A. 59-1405.
History:
L. 1939, ch. 180, § 40; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-605 Preparation of will or provision of will that gives any devise or bequest to writer or preparer.

59-605.
Preparation of will or provision of will that gives any devise or bequest to writer or preparer.
Any provision in a will, written or prepared for another person, that gives the writer or preparer or the writer's or preparer's parent, children, issue, sibling or spouse any devise or bequest is invalid unless:
(a) The writer or preparer is related to the testator by blood, marriage or adoption and the devise or bequest is not more than the writer or preparer or the writer's or preparer's parent, children, issue, sibling or spouse would receive under the laws of intestate succession, if the property passed in that manner; or
(b) it affirmatively appears that the testator had read or knew the contents of the will and had independent legal advice with reference thereto. As used in this section, "children" and "issue" shall have the same meaning as provided in K.S.A. 59-501, and amendments thereto.
History:
L. 1939, ch. 180, § 41; L. 2002, ch. 135, § 2; L. 2004, ch. 73, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-607 Competency of witness.

59-607.
Competency of witness.
If a witness to a will is competent at the time of his or her attestation, his or her subsequent incompetency shall not prevent the admission of such will to probate.
History:
L. 1939, ch. 180, § 43; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-608 Nuncupative will.

59-608.
Nuncupative will.
An oral will made in the last sickness shall be valid in respect to personal property, if reduced to writing and subscribed by two competent, disinterested witnesses within thirty days after the speaking of the testamentary words, when the testator called upon some person present at the time the testamentary words were spoken to bear testimony to said disposition as his or her will.
History:
L. 1939, ch. 180, § 44; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-609 Will executed without state.

59-609.
Will executed without state.
A will executed without this state in the manner prescribed by this act, or by the law of the place of its execution, or by the law of the testator's residence either at the time of its execution or of the testator's death, shall be deemed to be legally executed, and shall have the same force and effect as if executed in compliance with the provisions of this act: Provided, Said will is in writing and subscribed by the testator.
History:
L. 1939, ch. 180, § 45; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-610 Revocation by marriage, birth or adoption; divorce.

59-610.
Revocation by marriage, birth or adoption; divorce.
If after making a will the testator marries and has a child, by birth or adoption, the will is thereby revoked. If after making a will the testator is divorced, all provisions in such will in favor of the testator's spouse so divorced are thereby revoked.
History:
L. 1939, ch. 180, § 46; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-611 Manner of revocation.

59-611.
Manner of revocation.
Except as provided in K.S.A. 59-610, no will in writing shall be revoked or altered otherwise than by some other will in writing; or by some other writing of the testator declaring such revocation or alteration and executed with the same formalities with which the will itself was required by law to be executed; or unless such will be burnt, torn, canceled, obliterated or destroyed, with the intent and for the purpose of revoking the same, by the testator himself or herself or by another person in the testator's presence by his or her direction.
History:
L. 1939, ch. 180, § 47; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-612 Revocation of second will not revivor of first, when.

59-612.
Revocation of second will not revivor of first, when.
If the testator shall make a second will, the revocation of the second will shall not revive the first will, unless it appears by the terms of such revocation that it was the testator's intention to revive the first will, or unless after such revocation the testator shall duly republish his or her first will in the presence of two or more competent witnesses who shall subscribe the same in the presence of the testator.
History:
L. 1939, ch. 180, § 48; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-613 After-acquired property.

59-613.
After-acquired property.
All property acquired by the testator after making his or her will shall pass thereby in like manner as if possessed by him or her at the time when the testator made his or her will, unless a different intention appears from the will.
History:
L. 1939, ch. 180, § 49; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-614 When devise passes whole.

59-614.
When devise passes whole.
Every devise of real estate shall pass all the estate of the testator therein, unless it clearly appears by the will that he or she intended a less estate to pass.
History:
L. 1939, ch. 180, § 50; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-615 Devise or bequest to spouse or relative who predeceases testator; "issue" defined.

59-615.
Devise or bequest to spouse or relative who predeceases testator; "issue" defined.
(a) If a devise or bequest is made to a spouse or to any relative by lineal descent or within the sixth degree, whether by blood or adoption, and such spouse or relative dies before the testator, leaving issue who survive the testator, such issue shall take the same estate which said devisee or legatee would have taken if he or she had survived, unless a different disposition is made or required by the will.
(b) As used in this section or as used in any will executed on or after July 1, 1973, unless the provisions of such will specifically provide to the contrary, the term "issue" means offspring, progeny or lineal descendants, by blood or adoption, in whatever degree.
History: L. 1939, ch. 180, § 51; L. 1968, ch. 339, § 1; L. 1969, ch. 279, § 1; L. 1970, ch. 226, § 1; L. 1973, ch. 230, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-617 Limitation on probate of written will.

59-617.
Limitation on probate of written will.
No will of a testator who died while a resident of this state shall be effectual to pass property unless a petition is filed for the probate of such will within six months after the death of the testator, except as hereinafter provided.
History:
L. 1939, ch. 180, § 53; L. 1943, ch. 213, § 1; L. 1972, ch. 215, § 1; L. 1985, ch. 191, § 8; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-618 Liability and effect of withholding will.

59-618.
Liability and effect of withholding will.
Any person who has possession of the will of a testator dying a resident of this state, or has knowledge of such will and access to it for the purpose of probate, and knowingly withholds it from the district court having jurisdiction to probate it for more than six months after the death of the testator shall be liable for reasonable attorney fees, costs and all damages sustained by beneficiaries under the will who do not have possession of the will and are without knowledge of it and access to it. Such will may be admitted to probate as to any innocent beneficiary on petition for probate by any such beneficiary, if such petition is filed within 90 days after such beneficiary has knowledge of such will and access to it, except that the title of any purchaser in good faith, without knowledge of such 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 such decedent and the petition for probate of the will after the expiration of six months from the death of the decedent.
The provisions of this section as amended by this act shall apply retroactively to the withholding of a will of a testator.
History: L. 1939, ch. 180, § 54; L. 1943, ch. 213, § 2; L. 1972, ch. 215, § 2; L. 1976, ch. 242, § 6; L. 1985, ch. 191, § 9; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-618a Filing of certain wills or copies in court; affidavit; admission to probate.

59-618a. Filing of certain wills or copies in court; affidavit; admission to probate.
(a) Any person possessing a decedent's will may file in the district court of the county of the decedent's last residence the decedent's will or a copy of such will and an affidavit that complies with subsection (b).
(b) (1) An affidavit filed pursuant to this section shall state:
(A) The name, residence address and date and place of death of the decedent;
(B) the names, addresses and relationships of all the decedent's heirs, legatees and devisees which are known to the affiant after a diligent search and inquiry;
(C) the name and address of any trustee of any trust established under the will;
(D) that the will is being filed with the district court for the purpose of preserving it for record in the event that probate proceedings are later required; and
(E) that a copy of the affidavit and will has been mailed to each heir, legatee and devisee named in the affidavit.
(2) An affidavit filed pursuant to this section on or after July 1, 2023, shall state whether the original will or a copy of such will is being filed with the court.
(c) Any will or copy of a will filed pursuant to this section within a period of six months after the death of the testator may be admitted to probate after such six-month period.
History:
L. 1977, ch. 196, § 1; L. 1982, ch. 235, § 1; L. 1984, ch. 147, § 12; L. 1985, ch. 191, § 10; L. 1996, ch. 234, § 14; L. 2010, ch. 19, § 1; L. 2016, ch. 50, § 1; L. 2023, ch. 77, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-619 Limitation on probate of oral will.

59-619.
Limitation on probate of oral will.
No oral will of a testator who died while a resident of this state shall be admitted to probate unless an application is made therefor within six months after the death of the testator, except as provided by K.S.A. 59-2229 and 59-2230, and amendments thereto.
History:
L. 1939, ch. 180, § 55; L. 1982, ch. 235, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-621 Duty of custodian; liability.

59-621.
Duty of custodian; liability.
After the death of a testator the person having custody of the testator's will shall deliver it to the court which has jurisdiction thereof. Every person who willfully neglects or refuses to deliver a will after being duly ordered to do so shall be guilty of contempt of court. Such person shall be further liable to any party aggrieved for the damages which may be sustained by such neglect or refusal.
History:
L. 1939, ch. 180, § 57; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-622 Validation of foreign wills filed prior to July 1, 1939.

59-622.
Validation of foreign wills filed prior to July 1, 1939.
Any foreign will filed of record in any county of this state prior to July 1, 1939, is hereby declared to satisfy the legal requirements for filing of a foreign will, even if such filing did not, in the first instance, meet specific statutory requirements for the filing of such a will.
History:
L. 1970, ch. 227, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6 - Wills › 59-623 Reference in will to statement to dispose of certain tangible personal property; admissibility.

59-623.
Reference in will to statement to dispose of certain tangible personal property; admissibility.
A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of debt, documents of title, securities, and properties used in trade or business. To be admissible under this section as evidence of intended disposition, the writing either must be in the handwriting of the testator or be signed by the testator, and must describe the items with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; and it may be altered by the testator after its preparation.
History:
L. 1975, ch. 299, § 28; January 1, 1976.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,203 Composition of the augmented estate.

59-6a203.
Composition of the augmented estate.
Subject to K.S.A. 59-6a208, the value of the augmented estate, to the extent provided in K.S.A. 59-6a204 through 59-6a207, consists of the sum of the values of all property that constitute the decedent's net probate estate, the decedent's nonprobate transfers to others, the decedent's nonprobate transfers to the surviving spouse, and the surviving spouse's property and nonprobate transfers to others.
History:
L. 1994, ch. 132, § 3; January 1, 1995.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,204 Decedent's net probate estate.

59-6a204.
Decedent's net probate estate.
The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead or homestead allowance, family allowances and enforceable demands.
History:
L. 1994, ch. 132, § 4; L. 1996, ch. 53, § 3; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,206 Decedent's nonprobate transfers to the surviving spouse.

59-6a206.
Decedent's nonprobate transfers to the surviving spouse.
Excluding property passing to the surviving spouse under the federal social security system, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consists of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:
(a) The decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;
(b) the decedent's ownership interest in property or accounts held in coownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving coowner; and
(c) all other property that would have been included in the augmented estate under subsections (a) or (b) of K.S.A. 59-6a205 had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.
History:
L. 1994, ch. 132, § 6; January 1, 1995.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,207 Surviving spouse's property and nonprobate transfers to others.

59-6a207.
Surviving spouse's property and nonprobate transfers to others.
(a) Except to the extent included in the augmented estate under K.S.A. 59-6a204 or K.S.A. 59-6a206, and amendments thereto, the value of the augmented estate includes the value of:
(1) Property that was owned by the decedent's surviving spouse at the decedent's death, including:
(A) The surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;
(B) the surviving spouse's ownership interest in property or accounts held in coownership registration with the right of survivorship; and
(C) property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead or homestead allowance, family allowance, or payments under the federal social security system; and
(2) property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests include[d]under subparagraphs (a)(1)(A) and (B), had the spouse been the decedent.
(b) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subparagraphs (a)(1)(A) and (B), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or coowner of the property or accounts. For purposes of subparagraph (a)(2), proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under subsection (a)(4) of K.S.A. 59-6a205, and amendments thereto, are not valued as if such spouse were deceased.
(c) The value of property included under this section is reduced by enforceable demands against the surviving spouse.
History:
L. 1994, ch. 132, § 7; L. 1996, ch. 53, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,208 Exclusions, valuation and overlapping application.

59-6a208.
Exclusions, valuation and overlapping application.
(a) The value of any property is excluded from the decedent's nonprobate transfers to others (1) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property or (2) if the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the surviving spouse.
(b) The value of property:
(1) Included in the augmented estate under K.S.A. 59-6a205, 59-6a206 or 59-6a207 is reduced in each category by enforceable demands against the included property; and
(2) includes the commuted value of any present or future interest and the commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal social security system.
(c) In case of overlapping application to the same property of the subparagraphs or sub-subparagraphs of K.S.A. 59-6a205, 59-6a206 or 59-6a207, the property is included in the augmented estate under the provision yielding the greatest value, but under only one overlapping provision if they all yield the same value.
History:
L. 1994, ch. 132, § 8; January 1, 1995.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,209 Sources from which elective share payable.

59-6a209.
Sources from which elective share payable.
(a) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others:
(1) Amounts included in the augmented estate under K.S.A. 59-6a204 which pass or have passed to the surviving spouse by testate or intestate succession and amounts included in the augmented estate under K.S.A. 59-6a206;
(2) amounts included in the augmented estate which would have passed to the spouse but were disclaimed and which will pass to issue of the surviving spouse, as defined in K.S.A. 59-615, and amendments thereto, who are not the issue of the decedent;
(3) amounts included in the augmented estate under K.S.A. 59-6a207 up to the applicable percentage thereof. For the purposes of this subsection, the "applicable percentage" is twice the elective-share percentage set forth in the schedule in subsection (a) of K.S.A. 59-6a202 as appropriate to the length of time the spouse and the decedent were married to each other; and
(5) [(4)] the value of any real estate recovered pursuant to K.S.A. 59-505, and amendments thereto.
(b) If, after the application of subsection (a), the elective-share amount is not fully satisfied or the surviving spouse is entitled to a supplemental elective-share amount, amounts included in the decedent's probate estate and in the decedent's nonprobate transfer to others other than amounts included under subsection (c)(1) or (3) of K.S.A. 59-6a205, are applied first to satisfy the unsatisfied balance of the elective-share amount or the supplemental elective-share amount. The decedent's probate estate and that portion of the decedent's nonprobate transfers to others are so applied that liability for the unsatisfied balance of the elective-share amount or for the supplemental elective-share amount is equitably apportioned among the recipients of the decedent's probate estate and that portion of the decedent's nonprobate transfers to others in proportion to the value of their interest therein.
(c) If, after the application of subsections (a) and (b), the elective-share or supplemental elective-share amount is not fully satisfied, the remaining portion of the decedent's nonprobate transfers to others is so applied that liability for the unsatisfied balance of the elective-share or supplemental elective-share amount is equitably apportioned among the recipients of that portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.
History:
L. 1994, ch. 132, § 9; January 1, 1995.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,210 Personal liability of recipients.

59-6a210.
Personal liability of recipients.
(a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others to the extent the donees have the property or the property's proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the proportional part of the decedent's nonprobate transfer to such person or to pay the value of the amount for which such person is liable.
(b) If any section or part of any section of this act is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return that payment, item of property, or benefit, or is personally liable for the amount of that payment or the value of that item of property or benefit, as provided in K.S.A. 59-6a203, to the person who would have been entitled to it were that section or part of that section not preempted.
History:
L. 1994, ch. 132, § 10; January 1, 1995.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 6a - Elective Share Of Surviving Spouse › 59-6a,212 Right of election.

59-6a212.
Right of election.
(a) The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse by the court pursuant to K.S.A. 59-2234, and amendments thereto.
(b) The right of election to the supplemental elective-share amount, homestead or statutory allowance may be exercised by the surviving spouse, conservator, agent under a power of attorney, guardian ad litem appointed for the surviving spouse or by the court on behalf of a disabled spouse pursuant to K.S.A. 59-2234, and amendments thereto.
History:
L. 1994, ch. 132, § 12; January 1, 1995.