Chapter 59 — PROBATE CODE

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 a…

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…

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…

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 a…

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, th…

59-2233a. Same; K.S.A. 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…

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 se…

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 sh…

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 dema…

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 …

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 e…

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 deceden…

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, dev…

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 …

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 person…

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 o…

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 app…

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…

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 …

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…

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…

59-2257. History: L. 1939, ch. 180, § 233; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 39-201, 62-2003. CASE ANNOTATIONS 1. Petition insufficient to confer jurisdiction on probate court; notice; hearing. Johnson v. Best, 156 Kan. 668, 671, 672, 135 P.2…

59-2258. History: L. 1939, ch. 180, § 234; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 39-201, 62-2002. CASE ANNOTATIONS 1. Petition insufficient to confer jurisdiction on probate court; notice; hearing. Johnson v. Best, 156 Kan. 668, 671, 135 P.2d 896…

59-2259. History: L. 1939, ch. 180, § 235; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 39-202. CASE ANNOTATIONS 1. Petition insufficient to confer jurisdiction on probate court; notice; hearing. Johnson v. Best, 156 Kan. 668, 671, 135 P.2d 896. 2. Word…

59-2260. History: L. 1939, ch. 180, § 236; L. 1943, ch. 213, § 4; L. 1945, ch. 236, § 2; L. 1947, ch. 314, § 2; L. 1957, ch. 323, § 2; L. 1959, ch. 245, § 1; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 39-203, 76-1207, 76-1211. Previous | Next LEGISLAT…

59-2261. History: L. 1939, ch. 180, § 237; L. 1941, ch. 284, § 13; L. 1961, ch. 270, § 1; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 39-203, 76-1207, 76-1211. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Document…

59-2262. History: L. 1939, ch. 180, § 238; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 76-1211. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Doc…

59-2263. History: L. 1939, ch. 180, § 239; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 39-203. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Docu…

59-2264. History: L. 1939, ch. 180, § 240; L. 1961, ch. 270, § 2; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 39-203, 39-236, 76-1208, 76-1209. CASE ANNOTATIONS 1. Applied; statutes construed where insanity issue raised at trial; defendant's rights det…

59-2265. History: L. 1939, ch. 180, § 241; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 39-203, 39-205, 39-206, 62-2003, 62-2004, 76-1211, 76-1215. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LC…

59-2266. History: L. 1939, ch. 180, § 242; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance…

59-2267. History: L. 1939, ch. 180, § 243; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. CASE ANNOTATIONS 1. Procedure for filing and allowance of claims against ward's estate stated and applied. Osment v. Trout, 156 Kan. 120, 122, 131 P.2d 640. 2. Probate court has exclusiv…

59-2268. History: L. 1939, ch. 180, § 244; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 39-226, 39-227, 76-1225, 76-1226. CASE ANNOTATIONS 1. No right to jury trial on appeal from order denying restoration to capacity. Holder v. Jochems, 167 Kan. 83, 84…

59-2269. History: L. 1939, ch. 180, § 245; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 62-2005, 62-2015. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Se…

59-2270. History: L. 1939, ch. 180, § 246; Repealed, L. 1965, ch. 347, § 35; January 1, 1966. Source or prior law: 39-227, 39-228. Revisor's Note: Later act providing for care of mentally ill persons, see 59-2901 et seq. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Po…

59-2271. History: L. 1939, ch. 180, § 247; L. 1945, ch. 236, § 3; L. 1961, ch. 270, § 3; Repealed, L. 1965, ch. 348, § 40; January 1, 1966. Source or prior law: 76-1205. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Mee…

59-2272. History: L. 1939, ch. 180, § 248; Repealed, L. 1965, ch. 348, § 40; January 1, 1966. Source or prior law: 76-1206, 76-1210. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Se…

59-2273. History: L. 1939, ch. 180, § 249; Repealed, L. 1965, ch. 348, § 40; January 1, 1966. Source or prior law: 76-1215. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Doc…

59-2274. History: L. 1939, ch. 180, § 250; Repealed, L. 1965, ch. 348, § 40; January 1, 1966. Source or prior law: 76-1229. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Doc…

59-2275. History: L. 1939, ch. 180, § 251; L. 1957, ch. 324, § 1; L. 1959, ch. 246, § 1; L. 1963, ch. 300, § 1; Repealed, L. 1965, ch. 348, § 40; January 1, 1966. Source or prior law: 76-1211, 76-1229. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archive…

59-2276. History: L. 1939, ch. 180, § 252; Repealed, L. 1965, ch. 348, § 40; January 1, 1966. Source or prior law: 76-1225. CASE ANNOTATIONS 1. Constitutional; construed; superintendent's notice not judicial act; restoration statutes, past and present reviewed; guardianship for p…

59-2276a. History: L. 1945, ch. 236, § 4; Repealed, L. 1965, ch. 348, § 40; January 1, 1966. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance …