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59-103. Application of chapter; form of petitions. (a) Chapter 59 of the Kansas Statutes Annotated may be used:

(1) To admit last wills and testaments to probate.

(2) To grant and revoke letters testamentary and of administration.

(3) To direct and control the official acts of executors and administrators, to settle their accounts, and to order the distribution of estates.

(4) To administer partnership estates as provided in this act.

(5) To determine the heirs, devisees, and legatees of decedents.

(6) To appoint and remove guardians and conservators for minors, voluntary conservatees and incapacitated persons, to make all necessary orders relating to their estates, to direct and control the official acts of such guardians and conservators and to settle their accounts.

(7) To supervise the administration of trusts and powers created by wills admitted to probate, and trusts and powers created by written instruments other than by wills in favor of persons subject to conservatorship; to appoint and remove trustees for such trusts, to make all necessary orders relating to such trust estates, to direct and control the official acts of such trustees, and to settle their accounts.

(8) To appoint and remove trustees of estates of convicts imprisoned in a correctional institution under sentence of imprisonment for life, to make all necessary orders relating to their estates, to direct and control the official acts of such trustees, and to settle their accounts.

(9) To hold hearings respecting mentally ill persons, and to order their referral for treatment.

(b) Every petition to commence an action pursuant to chapter 59 shall state, immediately below the clause showing the name of the court, parties and case docket number, the following: "Petition pursuant to chapter 59 of the Kansas Statutes Annotated."

History: L. 1977, ch. 112, § 17; L. 1982, ch. 234, § 1; L. 1990, ch. 309, § 35; May 24.

Law Review and Bar Journal References:

"Survey of Kansas Law: Wills, Trusts, and Probate," Richard C. Harris, 27 K.L.R. 365, 368 (1979).

"Contested Estate Matters after Court Unification," Calvin J. Karlin, 48 J.B.A.K. 97 (1979).

"For Love or Money: The Kansas Supreme Court's Problematic Acceptance of the 'Best Interests of the Child' Standard in an Intestate Claim [Reese v. Muret, 150 P.3d 309 (Kan. 2007)]," Angela Chesney Herrington, 47 W.L.J. 177 (2007).

CASE ANNOTATIONS

1. Action begun as proceeding for conservator resolved by settlement agreement gave court jurisdiction over entity owned by party thereto. Steele v. Guardianship & Conservatorship of Crist, 251 Kan. 712, 726, 840 P.2d 1107 (1992).

2. Probate court had jurisdiction to hear motion for reinstatement of maintenance following payor's death. In re Estate of Dahlstorm, 26 Kan. App. 2d 664, 666, 992 P.2d 1256 (1999).

3. Probate court had jurisdiction to void P.O.D. accounts of deceased incompetent person and include funds as part of decedent's estate. In re Estate of Steward, 32 Kan. App. 2d 134, 79 P.3d 791 (2003).

4. Statute provides no jurisdiction to enter judgment for tort claim against attorney for administrator of estate. In re Estate of Pritchard, 37 Kan. App. 2d 260, 271, 154 P.3d 24 (2007).


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