59-808. Estates of nonresident decedents; rights and duties of personal representative; payment of taxes.
59-808
59-808. Estates of nonresident decedents; rights and duties ofpersonal representative; payment oftaxes.(a) The personal representative of a nonresident decedent appointed by acourt of this state is entitled to possession of all real and personalproperty of the decedent within the jurisdiction of this state and, subjectto the laws of this state and the orders of such court, is entitled to allthe rights the decedent had in that property.
(b) The personal representative shall:
(1) Marshal all the decedent's personal propertyand shall take possession of it, to be held,administered and finally distributed as provided by law;
(2) pay thetaxes and collect the rents and earnings on the propertyuntil the estate issettled or until delivered by order of the court to the heirs, deviseesand legatees; and
(3) keep in tenantable repairthe buildings and fixturesunder the personal representative's control and mayprotect them by insurance. The personalrepresentative, alone orwith the heirs or devisees, may maintain an action for the possession of thereal estate or to quiet title to it. The persons and corporationsobligated under (including issuers of) stocks, securities or otherinstruments such as those described in K.S.A. 59-805 and amendments thereto,and theiragents, are prohibited from obstructing in any way such possession or theexercise of such rights by such personal representative. No estate taxor inheritance taxwaiver or any other authority or permission of any other state may berequired by such persons, corporations or their agents as a condition tothe payment or delivery of any money or property due under such instrumentsor to the transfer, reregistration or reissuance of stock certificates orother securities as ordered by the court.
(c) The court shall not order distribution of any intangible personalproperty of the decedent, or the proceeds of its sale, to anylegatee, devisee or heir of the decedent unless the estate and inheritancetaxes attributable to such property, which are properly assessed orassessable by any other state, have been paid, tendered or provided for,and the court so finds and declares in its order of distribution.
History: L. 1967, ch. 314, § 5;L. 1985, ch. 191, § 12;L. 2000, ch. 76, § 1; July 1.