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In re Estate of Thompson

Case Date: 09/05/1997
Court: Court of Appeals
Docket No: 76369

No. 76,369

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

In the Matter of the Estate of

M. D. Thompson, Deceased.

SYLLABUS BY THE COURT

1. K.S.A. 59-617 provides that no will of a testator who died while a resident of this state shall be effectual to pass property unless a petition is filed for the probate of such will within 6 months after the death of the testator.

2. K.S.A. 59-2204 provides that a probate proceeding may be commenced by filing a petition and causing it to be set for hearing.

3. Although the legislature, pursuant to K.S.A. 59-2237, has made a demand against a decedent's estate effective from the date of filing of a petition, it has not similarly changed the language in K.S.A. 59-2204.

4. Under our current law, to timely commence a probate proceeding to admit a will to probate, the petitioner must, within 6 months of the decedent