Printable Format59-2204. Commencement of proceeding. A probate proceeding may be commenced in the district court by filing a petition and causing it to be set for hearing. When a petition is filed, the court shall fix the time and place for the hearing on it. When a petition is filed for the appointment of a personal representative, the court may appoint the proposed personal representative or some other suitable person, with or without bond, to conserve the estate until a hearing is had and a personal representative is appointed.
History: L. 1939, ch. 180, § 180; L. 1976, ch. 242, § 30; L. 1985, ch. 191, § 30; July 1.
Cross References to Related Sections:
Transfer of certain matters to district court for hearing, see 59-2402a et seq.
Docket fee, see 59-104.
Law Review and Bar Journal References:
Quoted in discussion of equity powers, Samuel E. Bartlett, 11 J.B.A.K. 134, 142 (1942).
Discussed in nisi prius decision that jurisdiction of probate court depends on notice in a hearing as to the removal of an administratrix, 11 K.L.R. 297, 299 (1962).
1965-69 survey of estate planning and future interests, James K. Logan, 17 K.L.R. 455, 459 (1969).
"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 K. 420, 422, 423, 424, 110 P.2d 774.
2. Procedure for allowance and payment of creditor's claim stated and applied; claim barred. In re Estate of Dotson, 154 K. 562, 568, 119 P.2d 518.
3. Order admitting will to probate not appealed from in time. Swisher v. Bouse, 155 K. 797, 799, 130 P.2d 565.
4. Procedure for filing and allowance of claims against ward's estate stated and applied. Osment v. Trout, 156 K. 120, 122, 131 P.2d 640.
5. Claim filed under 1941 law, but not set for hearing, within nine months after notice to creditors barred. In re Estate of Whittelsey, 156 K. 157, 159, 160, 161, 131 P.2d 911.
6. Filing petition to sell real estate is commencement of proceeding. Hicks v. King, 157 K. 263, 267, 139 P.2d 390.
7. Mere filing of petition does not commence proceeding to probate; hearing; limitations. In re Estate of Reed, 157 K. 602, 605, 612, 142 P.2d 824.
8. Appointment of administrator de bonis non without notice is void; petition; hearing. In re Estate of Oliver, 162 K. 407, 413, 176 P.2d 574.
9. Questions justiciable in a proceeding to probate will determined; validity of postnuptial agreement cannot be determined. In re Estate of Osborn, 167 K. 656, 661, 208 P.2d 257.
10. Applied in construing 59-2239; claims filed in time within meaning of statute. In re Estate of Kruse, 170 K. 429, 434, 226 P.2d 835.
11. Petition necessary to set aside probate court final settlement decree. In re Estate of Michaux, 171 K. 417, 421, 233 P.2d 510.
12. Contention hearing for probate of will set too late not allowed. In re Estate of Keenan, 175 K. 207, 209, 210, 262 P.2d 835.
13. Administration; findings upon which administrator appointed; no appeal; conclusiveness. In re Estate of Johnson, 180 K. 740, 745, 308 P.2d 100.
14. Mentioned in action involving jurisdiction to determine venue for probate of will. In re Estate of Morgans, 188 K. 50, 53, 54, 57, 360 P.2d 1069.
15. Creditor's petition for administration could not serve as petition for allowance of demand; denial of claim. In re Estate of Jones, 3 K.A.2d 63, 64, 65, 588 P.2d 960.
16. Chapter 59 as containing no procedures for notice of contested guardian ad litem fees noted; rules in civil cases apply. In re Guardianship of K.M.W., 13 K.A.2d 640, 646, 777 P.2d 1274 (1989).
17. Petition for refusal to grant letters constituted petition for administration sufficient to toll time requirements of 59-2239. In re Estate of Kinnett, 23 K.A.2d 842, 844, 935 P.2d 1090 (1997).
18. Admission of will to probate not timely commenced and barred; petition not set for hearing within limitations period. In re Estate of Thompson, 24 K.A.2d 321, 944 P.2d 732 (1997).
19. 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 K.A.2d 886, 895, 357 P.3d 303 (2015).
20. Causing petition to be set for hearing requires petitioner to secure a hearing date with the district court, not for the court to file a written order stating the hearing date. In re Estate of Rickabaugh, 51 K.A.2d 902, 918, 358 P.3d 859 (2015).
21. The phrase "set for hearing" does not require a written court order confirming a hearing date. In re Estate of Rickabaugh, 305 Kan. 921, 932, 390 P.3d 19 (2017).
22. The phrase "set for hearing" does not require a written court order confirming a hearing date. In re Estate of Claire, 305 Kan. 967, 970, 389 P.3d 1274 (2017).
23. When a petitioner files to set a date for a probate proceeding, the time and place for the proceeding can be set in various ways and is not limited to a written judicial order. In re Estate of Clare, 305 K. 967, 389 P.3d 1274 (2017).