Chapter 59, PROBATE CODE

59-1703. Duties of fiduciary; certain transactions voidable; exceptions. No fiduciary shall make a profit by the increase, nor suffer loss by the decrease or destruction without such fiduciary's fault, of any part of the estate, and such fiduciary shall account for the excess whe…

59-1704. Liability for conversion. If any person embezzles or converts to his or her own use any of the personal property of a decedent or conservatee, such person shall be liable for double the value of the property so embezzled or converted. History: L. 1939, ch. 180, § 134; L.…

59-1705. Notice to consular representative. When it appears in the administration of an estate of a decedent or a conservatee that subjects, citizens or nationals of any foreign country are or may be interested as heirs, devisees, legatees, or otherwise, the court before whom the…

59-1706. Nonresident fiduciary; appointment of agent required. Every nonresident appointed a fiduciary in this state, before entering upon the duties of the trust, shall appoint in writing an agent residing in the county where the appointment is made. By such writing, the nonresi…

59-1707. Powers of nonresident fiduciaries. Upon the filing for record in the district court of the proper county of an authenticated copy of a fiduciary's letters or other record of a fiduciary's authority and a certificate that they are still in force, a fiduciary appointed by …

59-1708. Nonresident fiduciary may sue and be sued. A fiduciary duly appointed in any other state or country may sue or be sued in any court in this state, in his or her capacity of fiduciary, in like manner and under like restrictions as a nonresident may sue or be sued. History…

59-1709. Accounting on resignation. A fiduciary may resign his or her trust at any time, but the fiduciary's resignation shall not be effective until the court shall have examined and allowed his or her final account and shall have made an order accepting such resignation. Histor…

59-1710. Effect of resignation. The acceptance of the resignation of a fiduciary and the appointment of another shall not affect the liability of such former fiduciary, or his or her sureties, previously incurred. History: L. 1939, ch. 180, § 140; July 1. Source or prior law: 22-…

59-1711. Removal and penalties. Whenever a fiduciary is or becomes an incapacitated person or otherwise incapable of performing the duties of his or her trust, he or she may be removed. Whenever a fiduciary fails or refuses to perform any of the duties imposed upon him or her by …

59-1712. Accounting on death or disability. Whenever a sole or the last surviving fiduciary dies, or is adjudged an incapacitated person, the fiduciary's personal representative, upon appointment, shall file an account and application for the settlement and allowance thereof and,…

59-1713. Termination of authority not to invalidate acts. All the acts of a fiduciary as such, before the termination of his or her authority, shall be as valid to all intents and purposes as if such fiduciary had continued lawfully to execute the duties of his or her trust. Hist…

59-1714. Compromise with debtor. Whenever it appears for the best interests of the estate, the fiduciary may, on order of the court, effect a fair and reasonable compromise with any debtor or other obligor. History: L. 1939, ch. 180, § 144; July 1. Source or prior law: 22-532. CA…

59-1715. Conveyance or lease; purchase and acceptance of title by representative, when. When any person legally bound by a written instrument to make a conveyance or lease dies before its making, or when any conservatee is likewise bound to make a conveyance or lease, the persona…

59-1716. Platting real estate. Whenever it is for the best interests of the estate of a decedent or conservatee, real estate may, with the approval of the court, be platted by the fiduciary. History: L. 1939, ch. 180, § 146; L. 1965, ch. 346, § 22; January 1, 1966. Source or prio…

59-1717. Compensation and expenses. Every fiduciary shall be allowed his or her necessary expenses incurred in the execution of his or her trust, and shall have such compensation for services and those of his or her attorneys as shall be just and reasonable. At any time during ad…

59-1718. Discharge. Whenever any fiduciary has paid or transferred to the persons entitled thereto all of the property of the estate, paid all taxes required to be paid by the fiduciary and has filed proof thereof, and has complied with all the orders and decrees of the court and…

59-2006. Duty to support patients; recovery; demand; time limitation; voluntary payments; compromise and settlement; bar to future recovery, when; contracts with attorneys or with debt collection agencies for collection services authorized, requirements; "state institution" defin…

59-2006b. Basic maximum rate of charge for treatment of patients in certain institutions; computation; publication; judicial notice; "state institution" defined. (a) At least annually, the secretary for aging and disability services shall establish the basic maximum rate of charg…

59-2006c. Appeals to secretary for aging and disability services from decisions compromising or refusing to compromise claim. Any patient or his or her relative liable for his or her support under this act may appeal to the secretary for aging and disability services pursuant to …

59-2111. Citation of act. K.S.A. 59-2111 through 59-2143 shall be known and may be cited as the Kansas adoption and relinquishment act. History: L. 1990, ch. 145, § 1; July 1. Law Review and Bar Journal References: "Grandparent Visitation Rights in Kansas: A review of Troxel v. G…

59-2112. Definitions. As used in K.S.A. 59-2111 through 59-2143, and amendments thereto: (a) "Adult adoption" means the adoption of an individual who has attained the age of majority; (b) "agency adoption" means the adoption of a minor child where an agency has the authority to c…

59-2113. Who may adopt. Any adult, or married adult couple jointly, may adopt any minor or adult as their child in the manner provided in K.S.A. 59-2111 through 59-2143, and amendments thereto, except that one spouse cannot do so without the consent of the other. History: L. 1990…

59-2114. Written consent required; acknowledgment; revocability of consent, when. (a) Consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If consent is acknowledged before a judg…

59-2115. Consent or relinquishment; minor parent. Minority of a parent shall not invalidate a parent's consent or relinquishment, except that a minor parent shall have the advice of independent legal counsel as to the consequences of the consent or relinquishment prior to its exe…

59-2116. Consent or relinquishment; time of execution. (a) A consent or relinquishment may not be given by the mother or accepted until 12 hours after the birth of a child. Any consent or relinquishment given by the mother before 12 hours after the birth of a child is voidable, p…

59-2117. Execution and acknowledgment of consent or relinquishment outside of state, in foreign country or by person in military service. (a) A consent or relinquishment, or document that is the functional equivalent of a Kansas consent or relinquishment, is valid if executed and…

59-2118. Effect of adoption; name; rights of child, parents. (a) Any person adopted as provided in K.S.A. 59-2111 through 59-2143, and amendments thereto, shall assume the surname of the petitioner or petitioners for adoption, except that the court in its discretion may permit a …

59-2119. Report of adoption. The district court shall report the adoption to the state registrar of vital statistics. History: L. 1990, ch. 145, § 9; July 1. Source or Prior Law: 59-2104.

59-2120. Interstate adoption; procedures; criminal penalty for noncompliance with compact. Interstate placements of children shall comply with the procedures contained in the interstate compact on placement of children as set forth in K.S.A. 38-1202, and amendments thereto. Any p…

59-2121. Payment for adoption; limitation; approval by court; criminal penalties. (a) Except as otherwise authorized by law, no person shall request, receive, give or offer to give any consideration in connection with an adoption, or a placement for adoption, other than: (1) Reas…

59-2122. Files and records of adoption. (a) Except as provided in subsections (b) and (c), the files and records of the court in adoption proceedings shall not be open to inspection or copy by persons other than the following: (1) The party filing for adoption or termination and …

59-2123. Certain advertisements and offers relating to adopting and placing children prohibited; licensure of person placing advertisement; definitions. (a) Except as otherwise provided in this section: (1) Any person who advertises that such person will provide adoption-related …

59-2124. Relinquishment of child to agency. (a) Any parent or parents or person in loco parentis may relinquish a child to an agency, and if the agency accepts the relinquishment in writing, the agency shall stand in loco parentis to the child and shall have and possess over the …

59-2125. Application of K.S.A. 59-2126 through 59-2136. In addition to those requirements, where applicable, as set out in the provisions of K.S.A. 59-2111 through 59-2124, K.S.A. 59-2126 through 59-2136 shall apply to adoptions of minor children. History: L. 1990, ch. 145, § 15;…

59-2126. Venue. (a) Except as provided in subsection (f), in an independent adoption, venue shall be in the county in which the petitioner resides or in the county in which the child to be adopted resides. (b) Except as provided in subsection (f), in an agency adoption, venue sha…

59-2127. Jurisdiction. Jurisdiction over proceedings under the Kansas adoption and relinquishment act including a proceeding to terminate parental rights pursuant to K.S.A. 59-2136, and amendments thereto, is governed by the uniform child custody jurisdiction and enforcement act,…

59-2128. Petition for adoption; consents, background information, accounting, residency affidavit, filing. (a) A petition for adoption shall be filed by the person desiring to adopt the child, and shall state the following information, if reasonably ascertainable, under oath: (1)…

59-2129. Consent. (a) Consent to an independent adoption shall be given by: (1) The living parents of the child; or (2) one of the parents of the child, if the other's consent is found unnecessary under K.S.A. 59-2136, and amendments thereto; or (3) the legal guardian of the chil…

59-2130. Independent and agency adoptions; background information on adoptee and parents; filing; disclosure. (a) The following information shall be filed with the petition in an independent or agency adoption: (1) A complete written genetic, medical and social history of the chi…

59-2131. Temporary orders in independent and agency adoptions. Pending the hearing in an independent or agency adoption, the court may make an appropriate order for the care and custody of the child. If the court makes an order for placement in a home not licensed to provide such…

59-2132. Assessment, investigation and report ordered by the court; waiver. (a) Except as provided in subsection (h), in independent and agency adoptions, the court shall require the petitioner to obtain an assessment of the advisability of the adoption by a court approved: (1) (…

59-2133. Hearing; notice provided to certain persons, manner. (a) Upon filing the petition, the court shall fix the time and place for the hearing. The time fixed for the hearing shall be within 60 days from the date the petition is filed. The time fixed for the hearing may be ex…

59-2134. Hearing. (a) Upon the hearing of the petition, the court shall consider the assessment and all evidence, including evidence relating to determination of whether or not the court should exercise its jurisdiction, offered by any party in interest. If the adoption is grante…

59-2135. Information to be provided to Kansas department for children and families. The clerk of each district court shall provide a copy of the decree of adoption, a copy of the report of adoption required in K.S.A. 59-2119, and amendments thereto, and a copy of the information …

59-2136. Relinquishment and adoption; proceedings to terminate parental rights. (a) The provisions of this section shall apply where a relinquishment or consent to an adoption has not been obtained from a parent and K.S.A. 59-2124 and 59-2129, and amendments thereto, state that t…

59-2137. Application of K.S.A. 59-2111 through 59-2124 and 59-2138 through 59-2142. In addition to those requirements, where applicable, as set out in the provisions of K.S.A. 59-2111 through 59-2124, 59-2138 through 59-2142* shall apply to adult adoptions. History: L. 1990, ch. …

59-2138. Venue. (a) A court of this state has jurisdiction over a proceeding for the adoption of an adult if the petitioner or the adult to be adopted resides in this state. (b) Venue shall be in the county in which the petitioner or the adult to be adopted resides. Venue may be …

59-2139. Petition. (a) A petition for adult adoption shall be filed by the person desiring to adopt the adult and shall state: (1) The name, residence and address of the petitioner; (2) the name, residence, address and date of birth of the adult to be adopted; (3) whether the pet…

59-2140. Consent. Before any adult is adopted consent to the adoption shall be given by: (a) The adult subject of the adoption or the legal guardian of a disabled adult subject of adoption; and (b) the spouse of the petitioner or the spouse's legal guardian if a disabled person. …

59-2141. Notice and hearing. (a) The court, by order, shall fix a time and place for hearing on the petition for adult adoption. The hearing may be with or without notice as the court shall direct and the court may hear the petition forthwith. (b) The court may order that notice …