59-2287. Refusal to grant letters of administration; order; notice; termination of administration.
59-2287
59-2287. Refusal to grant letters of administration;order; notice; termination of administration.(a) The district court, in its discretion, may refuse to grant letters inthe following cases:
(1) When the value of real or personal property owned by the decedent isnot greater in amount than is allowed by law as exempt property and theallowance to the surviving spouse or minor children under K.S.A. 59-403 andamendments thereto.
(2) When the real and personal estate of the decedent does notexceed $50,000 and the estate is not subject toallowances pursuant to K.S.A. 59-403 and amendments thereto or such allowancesare waived, any heir, devisee, legatee, creditor or other interested person maypetition for refusal of letters by giving bond in the sum of not less than thevalue of the estate. Such bond shall be approved by the district court andconditioned upon the creditor's or heir's assuming the obligation to pay,so far as the assets of the estate will permit, the debts of thedecedent in the order of their preference, and to distribute thebalance, if any, to the persons entitled thereto under the law, exceptthat real estate sold in accordance with this section shall be deemed tohave marketable title as ordered by the court, and no creditor, heir orother person shall be deemed to have an interest after passage of sixmonths following the date of death.
(b) Proof may be allowed by or on behalf of the surviving spouse orminor children before the district court of the value and nature of theestate. If the court is satisfied that no estate will be left afterallowing to the surviving spouse or minor children their exempt propertyand statutory allowances, or that the real and personal estate does notexceed $50,000 when the petition is filed by acreditor or heir, the court may order that no letters of administrationshall be issued on the estate, unless, upon the petition of othercreditors, heirs or parties interested, the existence of other orfurther property is shown.
(c) When a petition is filed under this section by a survivingspouse or minor children, notice of the proceeding shall be givenpursuant to K.S.A. 59-2222 and amendments thereto.
(d) Whenever it appears to the court that furtherproceedings in the administration of an estate pursuant to this sectionare unnecessary, and after payment of Kansas inheritance taxes, if any,for decedents dying before July 1, 1998, the court shall enter an orderterminating the administration of suchestate. Such order shall be made without notice, unless the courtotherwise orders, and it shall be to the effect that, unless furtherestate of the decedent be discovered, all further settlements and otherproceedings concerning the estate be dispensed with and that thesurviving spouse and minor children are relieved of any furtherobligations with respect to the estate. If further estate of thedecedent is discovered and administration is had on it, suchadministration shall not abrogate or invalidate or otherwise affect anyright, title or interest in property transferred or vested pursuant tothis section unless the court, for good cause shown, otherwise determinesand orders.
(e) Any will filed pursuant to this section within a period of sixmonths after the death of the testator may be admitted to probate aftersuch six-month period.
History: L. 1965, ch. 353, § 1;L. 1968, ch. 186, § 1;L. 1969, ch. 282, § 1;L. 1970, ch. 229, § 1;L. 1975, ch. 299, § 21;L. 1976, ch. 242, § 44;L. 1979, ch. 179, § 2;L. 1980, ch. 166, § 6;L. 1985, ch. 191, § 44;L. 1989, ch. 173, § 6;L. 1993, ch. 277, § 2;L. 2000, ch. 76, § 7;L. 2000, ch. 159, § 9;L. 2008, ch. 14, § 4; July 1.