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59-102. Definitions. As used in the Kansas probate code, unless the context otherwise indicates:

(1) "District court" means judge of the district court when that meaning is necessary to effectuate the general purpose of the provisions of the Kansas probate code.

(2) "Personal representative" includes executors, administrators, administrators with the will annexed, administrators de bonis non, conservators and guardians.

(3) "Fiduciary" includes personal representatives, trustees and surviving partners administering their trusts.

(4) "Person," as applied to fiduciaries, includes banks and other corporations authorized by law to act in a fiduciary capacity in this state.

(5) "Simplified administration" means administration under the Kansas simplified estates act contained in K.S.A. 59-3201 through 59-3206, and amendments thereto.

(6) "Supervised administration" means administration by a personal representative under the Kansas probate code, exclusive of the Kansas simplified estates act, the Kansas informal administration act or refusal to grant letters of administrative procedures.

(7) "Informal administration" means administration under the Kansas informal administration act.

(8) "Valid settlement agreement" means a written and acknowledged instrument which affects the administration or distribution of the estate and which is entered into by all interested heirs, devisees, legatees and persons whose interests are affected by the settlement agreement, all of whom must be competent or authorized to enter into such agreement.

(9) The masculine gender includes the feminine.

(10) The singular number includes the plural.

History: L. 1939, ch. 180, § 2; L. 1965, ch. 346, § 1; L. 1975, ch. 299, § 1; L. 1976, ch. 242, § 1; L. 1985, ch. 191, § 7; L. 1997, ch. 32, § 1; July 1.

Cross References to Related Sections:

Limitation on power of corporate fiduciary to act, see 59-1701.

Law Review and Bar Journal References:

"A Practical Review of the 1975 Kansas Probate Code Revisions." Philip S. Frick, 44 J.B.A.K. 137, 184 (1975).

Attorney General's Opinions:

Eligibility requirements for social welfare recipients; claims against estates of certain recipients. 92-156.

Benefits paid to beneficiary who is a minor must be paid to a conservator, estate or trust (74-4902) not to custodian pursuant to uniform transfers to minors act. 96-89.

CASE ANNOTATIONS

1. Foreign corporation cannot serve as testamentary trustee of Kansas testator's estate. In re Estate of Lowe, 155 K. 679, 682, 127 P.2d 512.

2. Action for breach of executor's duties must be brought in court where probate proceeding is pending. Quinlan v. Leech, 5 K.A.2d 706, 709, 623 P.2d 1365.

3. Whether penalty of doubling judgment applies only to court-appointed fiduciaries examined. Bolton v. Souter, 19 K.A.2d 384, 388, 390, 872 P.2d 758 (1994).

4. Whether family settlement agreement is unenforceable because of lack of proper acknowledgment and signatures examined. In re Estate of Leathers, 19 K.A.2d 803, 876 P.2d 619 (1994).

5. Trial court did not err in finding estate agreement was procured by fraud or misrepresentation. In re Estate of Hessenflow, 21 K.A.2d 761, 773, 909 P.2d 662 (1995).

6. Family settlement agreement provision directing that decedent's option to purchase property passes to heirs unambiguous. Butts v. Lawrence, 22 K.A.2d 468, 471, 919 P.2d 363 (1996).

7. Parties to probate proceeding with no interest in nonprobate agreement lack standing to challenge. In re Estate of Harrison, 25 K.A.2d 661, 670, 967 P.2d 1091 (1998).

8. Services provided or expenses paid to benefit one or more of heirs to detriment of estate are not compensable from estate; litigation initiated for personal benefit of executor are not for benefit of estate and are personal expenses. In re Estate of Petesch, 31 K.A.2d 241, 62 P.3d 674 (2003).

9. Court finds that mediation agreement is not a "valid settlement agreement" under 59-102(8). Rector v. Tatham, 38 K.A.2d 933, 938, 174 P.3d 445 (2008).

10. Cited; Kansas law recognizes the validity of assignments of an expectancy interest. Rector v. Tatham, 287 K. 230 –234, 196 P.3d 364 (2008).


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