Chapter 59, PROBATE CODE

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 …

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 59-6a206, and amendments thereto, the value of the augmented estate includes the value of: (1) Property that was owned by t…

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 proper…

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'…

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 …

59-6a211. Proceeding for elective share; time limit. (a) Except as provided in subsection (b), the election shall be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within six months after the date of…

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 a…

59-6a213. Waiver of right of election and other rights by surviving spouse; requirements; procedures. (a) The right of election of a surviving spouse and the rights of the surviving spouse to the homestead, the homestead allowance or the family allowance, or all of them, may be w…

59-6a214. Protection of payors and other third parties. (a) Although under K.S.A. 59-6a205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferr…

59-6a215. Homestead or homestead allowance. A surviving spouse is entitled to the homestead, or in lieu thereof the surviving spouse may elect to receive a homestead allowance of $75,000. The homestead or homestead allowance is exempt from and has priority over all demands agains…

59-6a216. Effectiveness of act. Any act done in any proceeding or any irrevocably accrued right acquired, before the effective date of this act is not impaired by this act. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has…

59-6a217. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given affect without the invalid provision or application, and …

59-701. Letters testamentary. Letters testamentary shall be granted to the executor, if any is named in the will, if he or she is legally competent and shall accept the trust; otherwise letters of administration shall be granted with the will annexed. History: L. 1939, ch. 180, §…

59-702. Minor as executor. When a person appointed executor is a minor and without the rights of majority at the time of proving the will, administration may be granted with the will annexed during his or her minority or disability, unless there is another executor who will accep…

59-703. Executor of an executor. The executor of an executor shall have no authority as such to administer the estate of the first testator. History: L. 1939, ch. 180, § 60; July 1. Source or prior law: 22-310.

59-704. Powers of executor before letters granted. No executor named in a will shall, before letters testamentary are granted, have any power to dispose of any part of the estate of the testator, except to pay reasonable funeral expenses, nor to interfere in any manner with such …

59-705. To whom administration granted. Administration of the estate of a person dying intestate shall be granted to one or more of the persons hereinafter mentioned, suitable and competent to discharge the trust, and in the following order: (1) The surviving spouse or next of ki…

59-706. Letters of administration and letters testamentary granted to nonresident; appointment of agent required. In cases of administration of a resident's estate: (a) Letters of administration may be granted to a nonresident of this state when the nonresident has appointed an a…

59-707. Effect of will on administration. If, after the appointment of an administrator, a will is admitted to probate, the powers of such administrator shall cease, and he or she shall proceed to final accounting. The new executor or administrator with the will annexed shall con…

59-708. Administrator de bonis non. If the authority of the sole or surviving executor or administrator terminates before the estate is fully administered, a new administrator shall be appointed to administer the estate not already administered. Such successor shall have the same…

59-709. Filing of certain petitions; notice to creditors. (a) Every petitioner who files a petition for administration or probate of a will shall give notice thereof to creditors, pursuant to an order of the court, and within 30 days after such filing. Such notice shall be publis…

59-710. Special administrator; appointment; bond; duties. For good cause shown a special administrator may be appointed pending the appointment of an executor or administrator, after the appointment of an executor or administrator without removing the executor or administrator or…

59-803. Innocent purchaser from heirs. The title of any purchaser in good faith, without knowledge of a will, to any real estate situated in this state, derived from the heirs of any person not domiciled in this state at the time of the person's death, shall not be defeated by th…

59-804. Estates of nonresident decedents; independent proceedings; laws applicable. Administration proceedings and other procedures in this state with respect to property, tangible or intangible, of a nonresident decedent which is within the jurisdiction of this state are origina…

59-805. Estates of nonresident decedents; jurisdiction of courts. (a) The courts of this state have jurisdiction over all tangible and intangible property of a nonresident decedent having a situs in this state and intangible property embodied in insurance policies as authorized b…

59-806. Proceedings, procedures and substantive rights relating to property of nonresident decedents, laws applicable; matters not affected; descent of property; support and family allowances; distribution; proportionate distribution. The law of this state respecting proceedings,…

59-807. Testamentary designees; granting letters testamentary. (a) When the will of a nonresident decedent designates one or more individuals or a qualified corporation as executor, letters testamentary shall be granted to any or all of the designees as in estates of resident dec…

59-808. Estates of nonresident decedents; rights and duties of personal representative; payment of taxes. (a) The personal representative of a nonresident decedent appointed by a court of this state is entitled to possession of all real and personal property of the decedent withi…

59-809. Payment or delivery of intangible personal property to foreign representative, when. Any person, firm or corporation upon whom no demand has been made by a personal representative or other person authorized by this state to collect a nonresident decedent's personal proper…

59-810. Acting in fiduciary capacity by foreign corporation. Nothing in this act authorizes any "foreign corporation," as that term is defined in K.S.A. 59-1701, to act in any fiduciary capacity except as such foreign corporation is expressly permitted so to act by the provisions…

59-811. Severability. If any word, phrase, clause, sentence, paragraph, subsection or section of this act be adjudged unconstitutional or void, such adjudication shall not affect the remainder of this act, and it is hereby declared to be the intention of the legislature that it w…

59-812. Validation of certain proceedings. All proceedings, procedures and determinations made, under the provisions of the act of which this act is amendatory are hereby ratified, validated and confirmed. History: L. 1968, ch. 48, § 2; March 15.

59-901. Administration; proceeds deposited in escheat proceeds suspense fund. The estate of an intestate decedent without known heirs shall be administered in the same manner as the estate of any other intestate decedent, except as herein otherwise provided. The administrator, as…

59-902. Disposition of proceeds. Moneys deposited in the escheat proceeds suspense fund shall remain in such fund until ten (10) years after it shall have been first received, at which time it shall be paid into the state treasury and credited to the state general fund, provided …

59-903. Claimants to estate. Any person who claims as heir of any such decedent shall present his or her claim to the district court within ten (10) years after the appointment and qualification of the administrator, or such claim shall be forever barred. If such person establish…

59-904. Same; subsequent claimants. If others later, but within ten (10) years after the appointment and qualification of the administrator, claim as heirs of any such decedent and are thereafter adjudged to be heirs of the decedent and entitled to the said estate or some part th…

59-905. Duty of county attorney and attorney general. The state shall be a party to all proceedings to which K.S.A. 59-901 applies. The county attorney shall represent the state and shall diligently protect and conserve the estate for the benefit of the state, scrutinize all clai…

59-1001. Management; bond. The property of a partnership dissolved by the death of any of its members shall be delivered to the surviving partner who may be disposed to undertake the management of it agreeably to the conditions of a bond which such partner shall give as provided …

59-1002. When administrator takes charge. In case the surviving partner, having been duly cited for that purpose, shall neglect or refuse to give the bond required by law, the executor or administrator of the estate of the deceased partner, on giving a bond as provided by law, sh…

59-1003. Exhibition and surrender of property; statement; contempt. Every surviving partner, on demand of the executor or administrator of a deceased partner, shall exhibit to such executor or administrator and the appraisers of the deceased partner's estate the property belongin…

59-1004. Sale of assets. An executor or administrator having the whole of the partnership estate in his or her possession, as herein provided, may sell the assets thereof at public or private sale as provided by law, and may without such possession sell the interest of the deceas…

59-1005. Accounting; liabilities and penalties. The person executing the trust, whether surviving partner or executor or administrator, shall have the same duty to account and to have his or her account adjudicated as in the case of ordinary administration; and such person shall …

59-1101. Bond requirements and conditions. Every fiduciary, except as otherwise provided in this act, before entering upon the duties of his or her trust shall execute and file a bond, with sufficient sureties, in such amount as the court directs, which amount shall not be less t…

59-1102. Approval and prosecution. All such bonds shall run to the state of Kansas. They shall be subject to the approval of the district court and shall not be approved until the court is fully satisfied as to the sufficiency of the sureties. In case of breach of any condition t…

59-1103. Joint or separate bonds. When two or more persons are appointed joint fiduciaries, the court may approve a separate bond for each or a joint bond for all. History: L. 1939, ch. 180, § 83; July 1. Source or prior law: 22-270, 22-272, 22-314.

59-1104. Bond may be excused; court may require at any time. Bonds otherwise required of every fiduciary under the provisions of K.S.A. 59-1101 may be excused: (1) When the will or trust agreement expressly waives a bond of an executor, conservator or trustee; or (2) when all of …

59-1105. Public, charitable or certain nonprofit corporation trustees; exceptions. No bond shall be required from any public, religious, charitable, or educational corporation or society, or any nonprofit Kansas corporation trustee where the purpose of the trust shall be financia…

59-1106. Increase or reduction of bond; cancellation. The court, on its own motion or upon application of any interested person, may for good cause require a fiduciary to file a new or additional bond. Thereupon the fiduciary's accounts shall be settled, and if approved the liabi…

59-1107. New bond; discharge of surety. The court shall, upon application of a surety and after notice, require a fiduciary to settle his or her account and file a new bond. If such account is approved, the surety shall be discharged from liability thereafter accruing. The fiduci…

59-1108. Bond requirement for reissuance of certain certificates inapplicable. When an heir, administrator or executor requests that a lost, destroyed or stolen certificate for nonnegotiable securities belonging to the decedent, be reissued by the issuer of such securities, the b…