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59-1201. Inventory and valuation. Within 30 days after the date of a personal representative's letters of appointment, unless a longer time has been granted by the court, the personal representative shall make an inventory stating opposite each item contained in the inventory the full and fair value as of the date of death of the decedent, verified by the personal representative's affidavit, of all real estate and tangible personal property owned by the decedent or conservatee and located in the state of Kansas and of all intangible property owned by the decedent or conservatee wherever located which comes to the personal representative's possession or knowledge. Such property shall be classified therein as follows:

(a) Real estate, with plat or survey description;

(b) furniture, household goods, and wearing apparel;

(c) corporation stocks, described by certificate numbers;

(d) bonds, mortgages, notes and other written evidence of debt, described by name of debtor, recording data, and other identification; and

(e) all other personal property accurately identified.

If the decedent was a member of a partnership, the inventory and valuation shall contain a separate inventory and valuation of the whole of the partnership estate and of the decedent's proportional share therein.

The court, for good cause shown, may require an earlier inventory and valuation of any estate.

History: L. 1939, ch. 180, § 88; L. 1951, ch. 336, § 1; L. 1957, ch. 321, § 3; L. 1965, ch. 346, § 10; L. 1975, ch. 299, § 7; L. 1985, ch. 191, § 15; July 1.

Source or prior law:

22-401, 22-501, 22-508, 22-509, 22-510, 22-513, 22-515, 22-517, 38-208, 39-208.

Law Review and Bar Journal References:

Jurisdiction over administration of intangibles, 6 K.L.R. 439, 449 (1958).

"Accounting for Decedents' Estates and Trusts in Kansas," W. Keith Weltmer, 34 J.B.A.K. 13, 14, 15 (1965).

"A Practical Review of the 1975 Kansas Probate Code Revisions," Philip S. Frick, 44 J.B.A.K. 137, 140 (1975).

"Survey of Kansas Law: Wills, Trusts, and Probate," 29 K.L.R. 595, 607 (1981).

"Is Kansas Probate Non Claim Statute Unconstitutional?" John F. Kuether, 54 J.K.B.A. 115, 125 (1985).

CASE ANNOTATIONS

1. Order requiring executor to file inventory and appraisement not an appealable order. In re Estate of Crawford, 154 K. 737, 738, 739, 121 P.2d 206.

2. Powers of executor named in will limited until appointed by court and qualified. In re Estate of Grattan, 155 K. 839, 851, 130 P.2d 580.

3. District court without jurisdiction of heir's action to partition real estate, when. Felton v. Rubow, 163 K. 82, 83, 179 P.2d 935.

4. Cited; complete administration consists of several separate distinct proceedings. Price v. Gibson, 165 K. 10, 18, 192 P.2d 219.

5. Ring held asset of estate although not listed in inventory. In re Estate of Paronto, 172 K. 7, 9, 238 P.2d 464.

6. Mentioned; case concerning status of annual crop inventories as personal assets of decedent's estate. Pederson v. Russell State Bank, Executor, 206 K. 718, 724, 481 P.2d 986.

7. Alimony and child support obligations do not survive death of husband absent clear intent in separation agreement. In re Estate of Sweeney, 210 K. 216, 221, 499 P.2d 56.

8. Mentioned; case concerning extent of surety's liability on a bond. Koch v. Merchants Mutual Bonding Co., 211 K. 397, 398, 507 P.2d 189.

9. Validity of realty sale by executors to themselves, a former relative and a neighbor determined. In re Estate of Chestnut, 4 K.A.2d 694, 696, 610 P.2d 1132.

10. Buyer of estate personalty from administrator without authority to sell does not obtain clean title. In re Estate of Ostrander, 21 K.A.2d 972, 974, 910 P.2d 865 (1996).


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