59-2223. Hearing; entry of appearance, waiver of notice and consent to immediate hearing. When a petition is filed for the probate of a will, for the determination that a consent of a spouse to a will is a valid and binding consent or for administration, if all the parties interested as heirs, devisees and legatees enter their appearance in writing, duly acknowledged, waive the notice otherwise required and consent to an immediate hearing, a hearing may be held, in the discretion of the court, as if notice had been given. Such entry of appearance, waiver of notice and consent to an immediate hearing may be given by: (a) A trustee on behalf of the trustee and all beneficiaries of the trust; (b) a conservator on behalf of the conservator and all the conservator's conservatees; (c) a guardian on behalf of the guardian and all the guardian's wards; (d) a guardian ad litem on behalf of the guardian ad litem and all of those whom the guardian ad litem represents; or (e) by an attorney under the servicemembers civil relief act on behalf of an attorney appointed pursuant to the servicemembers civil relief act and all of those whom such attorney represents.
History: L. 1939, ch. 180, § 199; L. 1975, ch. 299, § 16; L. 1981, ch. 228, § 3; L. 1987, ch. 211, § 1; L. 2005, ch. 45, § 3; July 1.
Source or prior law:
22-250.
Law Review and Bar Journal References:
Quoted in discussing adequate notice, Richard C. Harris, 22 J.B.A.K. 199, 203 (1954).
Discussed in "A Practical Review of the 1975 Kansas Probate Code Revisions," Philip S. Frick, 44 J.B.A.K. 137, 139 (1975).
"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).
"New Spousal Elective-Share Rights: Leveling the Playing Field," Timothy P. O'Sullivan and Joan M. Bowen, 65 J.K.B.A. No. 2, 18, 25 (1996).
"The Servicemembers Civil Relief Act: A Modern Replacement for The SSCRA," James P. Pottorff, Jr., 74 J.K.B.A. No. 9, 20, 25 (2005).
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. Cited; appointment of administrator de bonis non without notice is void. In re Estate of Oliver, 162 Kan. 407, 414, 176 P.2d 574.
4. Mentioned in determining sufficiency of notice under K.S.A. 59-2222. In re Estate of Garnand, 177 Kan. 168, 170, 277 P.2d 602.
5. Provisions noted in applying K.S.A. 59-2239; tort claim not exhibited within statutory time; action dismissed. Gatewood v. Bosch, 2 Kan. App. 2d 474, 479, 581 P.2d 1198.
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