59-2202. Contents of petition. Every petition in a probate proceeding shall state: (1) The name, residence, and address of the petitioner; (2) the interest of the petitioner and his or her right to apply to the court; (3) the jurisdictional facts; (4) the facts, in ordinary and concise language, showing that the petitioner is entitled to the relief sought; and (5) a prayer for relief.
History: L. 1939, ch. 180, ยง 178; July 1.
Source or prior law:
22-301, 22-6a02, 22-804, 22-1312.
Cross References to Related Sections:
Petition for administration, see 59-2219.
Petition for probate of a will, see 59-2220.
Petition exhibiting demand against estate of decedent, see 59-2237.
Petition for final settlement, see 59-2247.
Petition to determine descent, see 59-2250.
Petition for approval of trustees' final account, see 59-2253.
Petition to sell, lease, or mortgage real estate of decedent, see 59-2303.
Petition of person under legal disability, see 59-2205.
Petition to require public, charitable, religious or educational corporation or society to give bond or make inventory or reports, see 59-1105.
Petition for transfer of proceeding to district court, see 59-2402a.
Petition for adoption, see 59-2128.
Petition for execution for mortgage or mineral lease on homestead where one spouse incapacitated, see 59-2315.
Application for the appointment of guardian or conservator, see 59-3056 et seq.
Application for restoration to capacity, see 59-3090.
Application for determination of mentally ill persons, see 59-2957.
Law Review and Bar Journal References:
Adoption procedure, Marvin E. Larson, 19 J.B.A.K. 332, 347 (1951).
"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).
CASE ANNOTATIONS
1. Procedure and notice required for appointment of administrator de bonis non discussed. Barrett v. McMannis, 153 Kan. 420, 423, 110 P.2d 774.
2. Creditor's claim not complying herewith held sufficient to toll statute of limitations; amendment. Roberts v. Setty, 154 Kan. 505, 506, 119 P.2d 539.
3. Petition for appointment of administrator held sufficient; statutes construed. In re Estate of Erwin, 167 Kan. 316, 317, 318, 205 P.2d 925.
4. Questions justiciable in a proceeding to probate will determined; validity of postnuptial agreement cannot be determined. In re Estate of Osborn, 167 Kan. 656, 662, 208 P.2d 257.
5. Petition alleging demand against an estate examined and held sufficient. In re Estate of Cipra, 173 Kan. 334, 336, 246 P.2d 267.
6. Demurrer and motion to make definite and certain improper defense pleadings; proper issues on offering will to probate discussed. In re Estate of O'Leary, 180 Kan. 419, 421, 304 P.2d 547.
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