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 which it was made, or in which the testator resided at the time of its execution or of the testator's death or in conformity with the laws of this state, it shall be admitted to probate with the same force and effect as the original probate of a will.
(b) The amendments to this section on July 1, 1982, and on the effective date of this act are declarations of the meaning of this section as it existed on June 30, 1982, and shall apply to any will, whether proved and admitted to probate outside this state before or after July 1, 1982, or before or after the effective date of this act.
History: L. 1939, ch. 180, § 206; L. 1982, ch. 235, § 4; L. 1984, ch. 210, § 1; March 15.
Source or prior law:
22-230.
Law Review and Bar Journal References:
The Kansas experience with uniform state laws, Paul L. Wilbert, 6 K.L.R. 338, 342 (1958).
Mentioned in opinion of attorney general, dated November 14, 1961, as to whether a foreign corporation can act as trustee of Kansas real estate devised by nonresident, which opinion was quoted in 10 K.L.R. 625 (1962).
"Wills: The Anatomy of a Statute—When Is a Valid Will Not Valid?" Melinda Swanson, 21 W.L.J. 741, 743, 748 (1982).
"Opportunities and Problems Under the Kansas Informal Administration Act," Nancy Schmidt Roush and Richard L. Zinn, 61 J.K.B.A. No. 6, 34, 38 (1992).
CASE ANNOTATIONS
1. Document executed in another state and not signed by maker is not entitled to original probate as a will in Kansas. In re Estate of Reed, 229 Kan. 431, 433, 438, 439, 625 P.2d 447.
2. Doctrine of res judicata did not bar action hereunder (see In re Estate of Reed, 229 Kan. 431, 625 P.2d 447). In re Estate of Reed, 233 Kan. 531, 534, 535, 536, 539, 540, 541, 664 P.2d 824 (1983).
3. Final adjudication on merits of claim bars subsequent petitions for relief based on intervening statutory amendments. In re Estate of Reed, 236 Kan. 514, 520, 522, 693 P.2d 1156 (1985).
|
|