Printable Format59-616. Probate essential. No will shall be effectual to pass real or personal property unless it shall have been duly admitted to probate.
History: L. 1939, ch. 180, ยง 52; July 1.
Source or prior law:
22-232.
CASE ANNOTATIONS
1. Application for probate of will held filed too late; statutes construed. In re Estate of Colyer, 157 K. 347, 348, 139 P.2d 411.
2. Failure to allege admission of will to probate; inference; petition sufficient. In re Estate of Cipra, 173 K. 334, 336, 246 P.2d 267.
3. Applied; family settlement agreement to withhold will from probate not valid defense to petition to probate. In re Estate of Harper, 202 K. 150, 158, 446 P.2d 738.
4. Mentioned where joint will had not been offered for probate within five years. In re Estate of Zimmerman, 207 K. 354, 357, 485 P.2d 215.
5. Power to sell under will; not derived from probate court, but from the will. Oglevie, Administrator v. Stasser, 1 K.A.2d 315, 319, 564 P.2d 563.
6. Alleged breach of violation of 59-618 by defendants; no showing of any attempt to secure admission of will to probate by plaintiffs; complaint barred. Curtis v. Freden, 224 K. 646, 648, 653, 585 P.2d 993.
7. Cited; 59-3004 inherently requires that will be probated before it is effective for appointment for guardianship purposes. In re Guardianship of Slemp, 11 K.A.2d 156, 158, 159, 717 P.2d 519 (1986).
8. Contractual will not admitted to probate must be submitted as claim against intestate estate to be effective. In re Estate of Pallister, 13 .A.2d 337, 339, 340, 770 P.2d 494 (1989).
9. Inapplicability of 59-615 noted where lineal heirs of deceased comaker of contractual will predeceased surviving testatrix. In re Estate of Burcham, 248 K. 897, 903, 811 P.2d 1208 (1991).
10. Trial court's giving effect to decedent's unprobated will and related orders reversed. Giefer v. Swenton, 23 K.A.2d 172, 185, 928 P.2d 906 (1996).