Printable Format59-1402. Continuation of business. Upon a showing of advantage to the estate, the court, with or without notice, may authorize the personal representative to continue and operate any business of a decedent for the benefit of the decedent's estate, under such conditions, restrictions, regulations and requirements and for such periods of time not exceeding six months for any one period as the court may determine. No debts incurred or contracts entered into shall involve the estate or the personal representative beyond the assets used in such business immediately prior to the death of the decedent.
History: L. 1939, ch. 180, § 100; L. 1949, ch. 312, § 1; L. 1965, ch. 346, § 12; L. 1976, ch. 244, § 1; L. 1985, ch. 191, § 21; July 1.
Law Review and Bar Journal References:
Estate planning for the small businessman, James K. Logan, 8 K.L.R. 590, 592 (1960).
Accounting for decedents' trusts and estates, W. Keith Weltmer, 34 J.B.A.K. 13, 16 (1965).
CASE ANNOTATIONS
1. No showing of merchandise sold to decedent immediately prior to death; court cannot consider whether any was in possession of the estate at time of death. In re Estate of Wolfe, 190 Kan. 581, 583, 584, 376 P.2d 825.
2. Unapproved claim for rental value of hotel furnishings used to continue operation, unenforceable. Bowen, Administrator v. Lewis, 198 Kan. 706, 708, 709, 711, 426 P.2d 244.
3. Buyer of estate personalty from administrator without authority to sell does not obtain clean title. In re Estate of Ostrander, 21 Kan. App. 2d 972, 974, 910 P.2d 865 (1996).