59-2222. Notice of hearing; contents. (a) When a petition is filed for the probate of a will, for the determination that the consent of a spouse to a will is a valid and binding consent, for administration or for refusal to grant letters of administration, the court shall fix the time and place for the hearing thereof. Notice of the hearing shall be given pursuant to K.S.A. 59-2209, and amendments thereto, unless the court makes an order to the contrary. If notice is by order of the court not required to be given pursuant to K.S.A. 59-2209, and amendments thereto, the court shall order notice of the hearing to be given, unless waived, in such manner as the court directs.
(b) When the petition seeks simplified administration, the notice shall advise all persons that under provisions for simplified administration the court need not supervise administration of the estate, and no notice of any action of the executor or administrator or other proceedings in the administration will be given, except for notice of final settlement of * decedent's estate. The notice shall further advise all persons that if written objections to simplified administration are filed with the court, the court may order that supervised administration ensue.
(c) When a petition has been filed for the refusal of letters of administration, pursuant to K.S.A. 59-2287, and amendments thereto, the notice given shall advise all persons that at such hearing exempt property and a reasonable allowance will be set aside to the surviving spouse and minor children, or both, and that no further notice of the proceeding will be given.
(d) When the state is a party, the notice shall be served upon the attorney general and the county or district attorney of the county.
(e) If the decedent or a predeceased spouse of the decedent received medical assistance payment under K.S.A. 39-709, and amendments thereto, or the laws of any other state, the state or states providing such payment or payments shall be entitled to notice. Such notice shall be given to the agency or department responsible for the recovery of medical assistance in Kansas or, if a state other than Kansas, to the attorney general of such state or states.
History: L. 1939, ch. 180, § 198; L. 1941, ch. 284, § 15; L. 1975, ch. 299, § 15; L. 1981, ch. 228, § 2; L. 2007, ch. 190, § 13; L. 2015, ch. 42, § 15; July 1.
Source or prior law:
22-250.
Revisor's Note:
* The word "the" should have been included.
Law Review and Bar Journal References:
Quoted in discussing adequate notice, Richard C. Harris, 22 J.B.A.K. 199, 202 (1954).
1963-65 survey of law or administration of estates, Richard C. Harris, 14 K.L.R. 139, 147 (1965).
"A Practical Review of the 1975 Kansas Probate Code Revisions," Philip S. Frick, 44 J.B.A.K. 137, 181 (1975).
"Commercial Transactions Under the New Bankruptcy Act," Paul B. Rasor, 48 J.B.A.K. 199, 201 (1979).
"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 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.
3. Mere filing of petition does not commence proceeding to probate; hearing; limitations. In re Estate of Reed, 157 Kan. 602, 604, 605, 612, 142 P.2d 824.
4. 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.
5. Cited; order admitting will to probate not prima facie evidence of validity. In re Estate of Wallace, 158 Kan. 633, 637, 149 P.2d 595.
6. Appointment of administrator de bonis non without notice is void; petition; hearing. In re Estate of Oliver, 162 Kan. 407, 413, 176 P.2d 574.
7. District court without jurisdiction of heir's action to partition real estate, when. Felton v. Rubow, 163 Kan. 82, 83, 179 P.2d 935.
8. Mentioned; refusal to appoint guardian ad litem for minor heir erroneous. In re Estate of Paronto, 163 Kan. 85, 92, 180 P.2d 302.
9. Construed and applied; notice in form of "citation" held sufficient under circumstances. In re Estate of Garnand, 177 Kan. 168, 170, 171, 172, 277 P.2d 602.
10. 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.
11. Representative not an "heir, devisee or legatee" entitled to notice of hearing. In re Estate of Messenger, 208 Kan. 763, 768, 494 P.2d 1107.
12. Cited; failure to list all of decedent's heirs in petition will not deprive court of jurisdiction to act. In re Estate of Barnes, 212 Kan. 502, 507, 512 P.2d 387.
13. 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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