Printable Format59-2212. Hearings and rules of evidence. Trials and hearings in probate proceedings shall be by the court unless otherwise provided by law. The determination of any issue of fact or controverted matter on the hearing of any probate proceedings shall be in accordance with the rules of evidence provided for civil cases by the code of civil procedure, except as provided in the care and treatment act for mentally ill persons and the act for obtaining a guardian or conservator, or both.
History: L. 1939, ch. 180, § 188; L. 1965, ch. 346, § 30; L. 1986, ch. 211, § 34; L. 1996, ch. 167, § 55; April 18.
Source or prior law:
22-216.
Cross References to Related Sections:
Rules of evidence under code of civil procedure, see chapter 60, article 4.
Law Review and Bar Journal References:
"Contested Estate Matters After Court Unification," Calvin J. Karlin, 48 J.B.A.K. 97, 102 (1979).
"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).
CASE ANNOTATIONS
1. Showing necessary in probate court to maintain appeal discussed and determined. In re Estate of Pallister, 159 Kan. 7, 25, 152 P.2d 61.
2. No right to jury trial on appeal from order denying restoration to capacity. Holder v. Jochems, 167 Kan. 83, 84, 204 P.2d 777.
3. Administration; findings upon which administrator appointed; no appeal; conclusiveness. In re Estate of Johnson, 180 Kan. 740, 745, 308 P.2d 100.
4. Contesting admission of will to probate not triable by jury at common law; statute does not provide for jury trial. In re Estate of Suesz, 228 Kan. 275, 276, 277, 613 P.2d 947.
5. Chapter 59 as containing no procedures for notice of contested guardian ad litem fees noted; rules in civil cases apply. In re Guardianship of K.M.W., 13 Kan. App. 2d 640, 645, 777 P.2d 1274 (1989).
6. Probate code does not provide for motions for summary judgment. In re Estate of Harrison, 25 Kan. App. 2d 661, 664, 967 P.2d 1091 (1998).