59-2222. Notice of hearing; contents.
59-2222
59-2222. Notice of hearing; contents.(a) When a petition is filed for the probate of a will, for the determinationthat the consent of a spouse to a will is a valid and binding consent, foradministration or for refusal to grant letters of administration, thecourt shall fix the time and place for the hearing thereof. Notice of thehearing shall be given pursuant to K.S.A.59-2209, and amendments thereto, unless the court makes an order to thecontrary. If notice is byorder of the court notrequired to be given pursuant to K.S.A. 59-2209, and amendments thereto,the court shallorder notice of the hearing to be given, unless waived, in such manner asthe court directs.
(b) When the petition seeks simplified administration, the notice shalladvise all persons that under provisions for simplified administration thecourt need not supervise administration of the estate, and no notice of anyactionof the executor or administrator or other proceedings in theadministration will be given, except for notice of final settlement ofdecedent's estate. The notice shall further advise all persons that ifwritten objections to simplified administration are filed with thecourt, the court may order that supervised administration ensue.
(c) When apetition has been filed for the refusal of letters of administration,pursuant to K.S.A. 59-2287, and amendments thereto, the notice givenshall advise all personsthat at such hearing exempt property and a reasonable allowance will beset aside to the surviving spouse and minor children, or both, and thatno further notice of the proceeding will be given.
(d) When the state is aparty, the notice shall be served upon the attorney general andthe county or district attorney of the county.
(e) If the decedent or a predeceased spouse of the decedent receivedmedical assistance payment under subsection (e) of K.S.A. 39-709, andamendments thereto, or the laws of any other state, the state or statesproviding such payment or payments shall be entitled to notice. Such noticeshall begiven to the agency or department responsible for the recovery of medicalassistance in Kansas or, if a state other than Kansas, to the attorney generalof such state or states.
History: L. 1939, ch. 180, § 198; L. 1941, ch. 284, § 15; L.1975, ch. 299, § 15; L. 1981, ch. 228, § 2;L. 2007, ch. 190, § 13; July 1.