59-2209. Notice by publication and mailing. (a) When notice of hearing is required by any provision of this act by specific reference to this section, such notice shall be published once per week for three consecutive weeks in some newspaper of the county authorized by law to publish legal notices. The first publication shall be made within 30 days after the order fixing the time and place of the hearing and, within seven days after the first published notice, the petitioner shall mail or cause to be mailed, postage prepaid, a copy of the notice to each heir, devisee and legatee or guardian and ward, conservator and conservatee or guardian ad litem, as the case may be, other than the petitioner, whose name and address is known to the petitioner. A copy of the petition, any attachments to it and, when applicable, a copy of the will, accounting and settlement agreement shall be included with the notice, unless excused by court order. The date set for the hearing shall not be earlier than 10 days and not later than 30 days after the date of the last publication of notice.
(b) Whenever notice is mailed to a person residing in a foreign country, such notice shall be mailed by air mail.
History: L. 1939, ch. 180, § 185; L. 1943, ch. 214, § 1; L. 1965, ch. 346, § 29; L. 1972, ch. 215, § 12; L. 1977, ch. 197, § 1; L. 1985, ch. 191, § 33; L. 2023, ch. 77, § 8; July 1.
Law Review and Bar Journal References:
Quoted in discussing adequate notice, Richard C. Harris, 22 J.B.A.K. 199, 201 (1954).
1963-65 survey of law of administration of estates, Richard C. Harris, 14 K.L.R. 139, 147 (1965).
"Wills—Family Settlement Agreements as a Defense to the Probate of a Will," Robert L. Heath, 9 W.L.J. 167, 172 (1969).
Publication notice under proposed Uniform Probate Code similar to that herein, Camilla Klein Haviland, 19 K.L.R. 575, 580 (1971).
"Probate of Wills and Proper Notice," Imelda M. Koett, 13 W.L.J. 244, 245, 246 (1974).
"Contested Estate Matters After Court Unification," Calvin J. Karlin, 48 J.B.A.K. 97, 101 (1979).
"Will Substitutes in Kansas," Jana J. Deines and Michael E. McMahon, 23 W.L.J. 132 (1983).
"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).
CASE ANNOTATIONS
1. Creditor's petition for appointment of administrator held filed too late; computation of time. In re Estate of Dumback, 154 Kan. 501, 503, 119 P.2d 476.
2. Sale of minors' real estate without notice to minors is void; collateral attack. Hicks v. King, 157 Kan. 263, 265, 266, 139 P.2d 390.
3. District court without appellate jurisdiction of will contest where will not objected to in probate court. In re Estate of Grindrod, 158 Kan. 345, 351, 148 P.2d 278.
4. Final settlement notice insufficient to vacate order allowing claim against estate. In re Estate of Grove, 158 Kan. 444, 451, 148 P.2d 497.
5. Section does not authorize dispensing with notice except where waived. In re Estate of Oliver, 162 Kan. 407, 413, 414, 176 P.2d 574.
6. Mentioned; refusal to appoint guardian ad litem for minor heir erroneous. In re Estate of Paronto, 163 Kan. 85, 92, 180 P.2d 302.
7. Decedent's daughter's claim to estate based on marriage contract held not a demand; nonclaim statute inapplicable; presentation on final settlement proper; "demand" cases reviewed and distinguished. In re Estate of Welch, 167 Kan. 97, 104, 204 P.2d 714.
8. Notice held to comply with section. Eaton v. Doe, 172 Kan. 643, 647, 648, 649, 656, 243 P.2d 236.
9. Requirements of section met; decree of probate court upheld. In re Estate of Rothrock, 173 Kan. 717, 723, 252 P.2d 598.
10. Mentioned in determining sufficiency of notice under G.S. 1949, 59-2222. In re Estate of Garnand, 177 Kan. 168, 170, 171, 172, 277 P.2d 602.
11. Cited; state of Kansas held "party aggrieved" under K.S.A. 59-2404. In re Estate of Case, 180 Kan. 53, 57, 299 P.2d 589,
12. Administration; findings upon which administrator appointed; no appeal; conclusiveness. In re Estate of Johnson, 180 Kan. 740, 741, 745, 308 P.2d 100.
13. Assertion of rights under postnuptial agreement by collateral heirs proper at final settlement. McCormick v. Maddy, 186 Kan. 154, 159, 348 P.2d 1007.
14. Hearing set nineteen days after last publication not void. In re Estate of Dumback, 195 Kan. 26, 27, 28, 402 P.2d 779.
15. Mentioned; life tenant claiming interest after termination of life estate not a party in interest. Hoard v. Shelton, 201 Kan. 145, 150, 439 P.2d 123.
16. Mentioned in case where next of kin and sole heir of intestate was incompetent. In re Estate of Seeger, 208 Kan. 151, 152, 490 P.2d 407.
17. Failure to mail notice of hearing to heir who, after exercise of due diligence, is unknown to petitioner, does not deprive probate court of jurisdiction. In re Estate of Barnes, 212 Kan. 502, 503, 505, 506, 508, 513, 517, 512 P.2d 387.
18. Cited; probate court has exclusive jurisdiction initially to determine executor's attorney fees under K.S.A. 59-1717. In re Estate of Murdock, 213 Kan. 837, 853, 519 P.2d 108.
19. Alleged errors examined on appeal from judgment admitting will to probate; notice sufficient; judgment affirmed. In re Estate of Barnes, 218 Kan. 275, 276, 277, 543 P.2d 1004.
20. Cited; disclaimer is renunciation of property right, not a change of relationship; manner in which estate descends unaffected. In re Estate of Estes, 239 Kan. 192, 196, 718 P.2d 298 (1986).
21. Statutory phrase "cause it to be set for hearing" construed in para materia to require the petitioner to obtain an executed order from the district court setting the petition for hearing. In re Estate of Claire, 51 Kan. App. 2d 886, 895, 357 P.3d 303 (2015).
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