Chapter 59, PROBATE CODE

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…

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…

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 t…

59-2251. Decree of descent. Upon the filing of a petition for determination of descent, the court shall fix the time and place for the hearing on the petition. Notice of any such hearing upon which title to real estate is to be assigned shall be given pursuant to K.S.A. 59-2209, …

59-2252. Opening judgment. A party against whom a judgment or decree has been rendered in proceedings to determine the persons entitled to the real property of a decedent, without other service than publication in a newspaper, may at any time within one year after the date of the…

59-2253. Petition and notice of hearing on account. When any intermediate account of a trustee is filed without a petition of the trustee for a hearing thereon, a copy of the account shall be transmitted to each known beneficiary and proof of such transmission shall be filed with…

59-2254. Representation. Any beneficiary who is under legal disability, and also all possible unborn or unascertained beneficiaries may be represented in a trust accounting by living competent members of the class to which they do or would belong, or by a guardian ad litem, as th…

59-2255. Hearing on account. The court shall, after hearing the petition, act upon the account, and discharge the trustees if the account is an approved distribution account. The court may disapprove any account and surcharge the trustee for any loss caused by a breach of trust c…

59-2256. Effect of court approval. The approval by the court of a trustee's account after due notice or representation as provided in this act, shall relieve the trustee and the trustee's sureties from liability to all beneficiaries then known and in being, or who thereafter beco…

59-2281. Cases in which joinder of administration proceedings proper. Proceedings for the administration of estates of two deceased persons, who died intestate, may be joined and united in one proceeding, where the estate or estates left by one or both of such deceased persons ha…

59-2282. Proceedings to determine descent. Proceedings for the determination of descent of real or personal property, as provided by the probate code, of two or more deceased persons, may be joined and united in one proceeding where the estate or estates left by one or more of su…

59-2283. Joinder of administration; separate proceedings, when. The district court, for good cause shown, may permit said proceedings to be separated and separate petitions filed and docketed for the probate or administration of any estate, and if notice has been previously given…

59-2284. Facts as to each estate. In all cases in which proceedings under this act are joined or united, as herein provided, the proceedings shall set out and disclose all facts as to each separate estate that would be required if such proceedings were separately conducted. Histo…

59-2286. Institution of proceedings; notice, hearing, order and decree; time for appeal. (a) If a person who is a life tenant or joint tenant in real or personal property dies either testate or intestate, leaving no property or estate on which administration proceedings have been…

59-2287. Refusal to grant letters of administration; order; notice; termination of administration. (a) The district court, in its discretion, may refuse to grant letters in the following cases: (1) When the value of real or personal property owned by the decedent is not greater i…

59-2288. Apportionment of property between surviving spouse and minor children. In cases arising under K.S.A. 59-2287, the district court, if it finds that it would be just and equitable to make an apportionment of property between a surviving spouse and minor children, shall in …

59-2289. Appraisal may be ordered. The district court in its discretion may order the appraisal of the property before an order refusing letters is made under K.S.A. 59-2287. The appraisal shall be made by one or more appraisers approved by the court and the cost shall be paid by…

59-2290. Act supplemental to probate code. This act shall be construed as supplemental to and a part of the Kansas probate code. History: L. 1965, ch. 353, § 4; June 30. Law Review and Bar Journal References: "Dispensing with Administration in Small Estates: A Marketable Title Pr…

59-2291. Disclaimer of interest in property; persons authorized; disclaimer instrument, contents, validity. (a) A person or the personal representative of a person may disclaim in whole, in part or in an undivided part any real or personal property, or any interest therein or pow…

59-2292. Filing and recordation of disclaimer instrument. (a) The disclaimer instrument shall be filed within nine months after the latest of: (1) The death of the decedent or the donee of the power, as the case may be; (2) if the taker of the power, property or interest is not t…

59-2293. Effect of disclaimer; disclaimer barred, when; limit on disclaimant's interest of no effect; interests subject to disclaimer; disclaimer applicable to income from property disclaimed. (a) Unless the decedent or donee of the power has otherwise provided, the property, int…

59-2294. Act supplemental to probate code. The provisions of this act shall be part of and supplemental to the Kansas probate code. History: L. 1980, ch. 168, § 4; July 1.

59-22a01. Order for administration in accordance with intent; order of change to qualify for federal estate tax deduction. (a) If a trust for charity is or becomes illegal or impossible or impracticable of fulfillment or if a devise or bequest for charity, at the time it was inte…

59-2301. Definitions. As used in this article*, the word "lease," unless the context otherwise indicates, means a lease for more than three years, or an oil and gas or other mineral lease; the word "mortgage" includes an extension of an existing mortgage, subject to the provision…

59-2302. Lease for three years or less. A petition for the lease of the real estate of a decedent, or of a conservatee, for a term of three years or less may be heard with or without notice. The court may direct the personal representative to execute the lease whenever it appears…

59-2303. Petition to sell, lease or mortgage real estate. (a) An executor or administrator may file a petition to sell real estate of a decedent. The petition shall state the facts constituting the reasons for the application and describe the real estate to be sold. It may includ…

59-2304. Notice and hearing. Notice of the hearing, unless waived, shall briefly state the nature of the application made by the petition and shall be given in such manner as the court may direct. At the hearing and upon proof of the petition, the court shall have full power to o…

59-2305. Order. (a) In all cases the order shall describe the real estate to be sold, leased or mortgaged and may designate the sequence in which the several tracts shall be sold, leased or mortgaged, subject to the provisions of this act. (b) An order for sale shall direct wheth…

59-2306. Additional bond of representative. The court may require the personal representative, if it deems it necessary before such sale, lease or mortgage, or before the confirmation thereof, to give an additional bond to secure the further assets arising from the sale, lease or…

59-2307. Appraisement. Before the personal representative sells or leases any real estate at private sale, such real estate shall be appraised at its full and fair value. For the purpose of conducting the appraisal, the personal representative shall appoint not more than three di…

59-2308. Notice of sale at public auction. In all sales at public auction the personal representative shall give notice containing a particular description of the real estate to be sold, and such notice shall state the time, terms and place of sale. The notice shall be given by p…

59-2309. Report and confirmation. (a) The personal representative shall make a verified report of such representative's proceedings to the court, with the certificate of appraisement in case appraisement is required, and with proof of publication in case sale is made at public au…

59-2310. Authorization of conveyance or lease of real estate. Upon the filing of a petition by any person claiming to be entitled to a conveyance from a decedent or conservatee bound by written instrument to make a conveyance or lease, or by the personal representative, setting f…

59-2311. Title conveyed by deed or other instrument executed by personal representative. The deed or other instrument of the personal representative executed pursuant to K.S.A. 59-2309 or 59-2310, and amendments thereto, shall be received in all courts as presumptive evidence tha…

59-2312. Real estate commission. The court may in its discretion, after notice to all parties in interest, allow a real estate commission, but such allowance shall be passed upon by the court prior to the sale. History: L. 1939, ch. 180, § 267; July 1.

59-2313. Payment of title documents. The court shall have authority to allow payment for certificate of abstract of title or policy of title insurance in connection with the sale of any real estate. History: L. 1939, ch. 180, § 268; July 1.

59-2314. Homestead of incapacitated spouse; execution of mortgage and oil, gas and other mineral leases. When a husband or wife, while occupying a homestead, is adjudged to be an incapacitated person, the conservator of such spouse may be authorized, by the district court having …

59-2315. Petition for execution of mortgage or oil, gas or other mineral lease. For the purposes set out in K.S.A. 59-2314, the competent spouse and the conservator may jointly file a petition in the district court of the county in which such homestead is situated praying for the…

59-2316. Copy of proposed lease; notice and hearing. In the case of a proceeding hereunder for the execution of oil, gas or other mineral lease, a copy of the proposed lease shall be attached to the petition. The petition shall be heard upon notice as directed by the district cou…

59-2317. Guardian ad litem; duties. In every proceeding brought under this act and immediately upon the filing of a petition as provided in K.S.A. 59-2315, a guardian ad litem shall be appointed for the incapacitated spouse, who shall make an independent investigation of the fact…

59-2318. Renewed or refinanced mortgage; items included. In case of a proceeding to mortgage, the renewed or refinanced mortgage may include all sums of money necessary to discharge all liens on the homestead including interest, taxes, costs of all necessary proceedings, with a r…

59-2319. Proceeds from lease exempt from certain liabilities. The proceeds from the execution of any such lease, whether denominated bonus, rental, royalty, or otherwise, shall be wholly exempt from liability for payment or satisfaction of any debts or other obligations of either…

59-2320. Assignment of proceeds from lease for certain purposes. In its order authorizing the conservator to join with the competent spouse in executing an oil, gas or other mineral lease as provided in the act, the court may, in any proper case, authorize such conservator to joi…

59-2321. Distribution of net proceeds of lease; revocation or modification. The district court authorizing any such lease by order shall direct the division of the net proceeds of such lease between the competent spouse and the conservator in such proportions as may be proper, eq…

59-2322. Presumptive evidence that mortgage or lease properly executed. The mortgage or lease executed pursuant to this section shall be received in all courts as presumptive evidence that the conservator in all respects observed the directions and complied with the requisites of…

59-2401. Appealable orders in cases involving decedents' estates, when; bond. (a) An appeal from a district magistrate judge to a district judge may be taken no later than 30 days from the date of entry of any of the following orders, judgments or decrees in any case involving a …

59-2401a. Appealable orders involving proceedings under chapter 59, when; bond. (a) An appeal by an interested party from a district magistrate judge who is not regularly admitted to practice law in Kansas to a district judge may be taken no later than 14 days from any final orde…

59-2402. District magistrate judges; certification of questions outside judge's jurisdiction. In any proceeding pending in the district court before a district magistrate judge, when it appears that a decision upon any question of which such judge does not have jurisdiction is ne…

59-2402a. Request for transfer of certain matters from district magistrate judge to district judge. (a) When a petition is filed in the district court and a district magistrate judge is assigned to hear such petition, any interested party may request the transfer of the matter to…

59-2402b. Assignment of case to district judge or specific issue to district magistrate judge upon request for transfer. Upon the filing of such request the chief judge may assign the case in its entirety to a district judge or only for a determination of the specific issues rais…