Printable Format59-2214. Taxation of costs and security therefor; poverty affidavit. In all probate proceedings relating to a decedent or conservatee, the court shall tax the costs thereof against the estate unless otherwise provided by this act, or unless it appears that it would be unjust and inequitable to do so, in which event the court shall tax such costs or any part thereof against such party as it appears to the court is just and equitable in the premises. In case of any contested demand or matters the court may, in its discretion, require the claimant to give security for costs, or in lieu thereof file a poverty affidavit as provided in the code of civil procedure. In all proceedings relating to a ward, the court shall tax the costs or any part thereof as it appears to the court is just and equitable.
History: L. 1939, ch. 180, § 190; L. 1941, ch. 284, § 9; L. 1965, ch. 346, § 31; L. 1976, ch. 242, § 32; January 10, 1977.
Source or prior law:
22-701, 22-707, 22-716, 22-718, 22-720, 22-806, 22-811, 22-824.
Cross References to Related Sections:
Taxation of certain costs when matter transferred to district court, see 59-2402a.
Law Review and Bar Journal References:
"Will Substitutes in Kansas," Jana J. Deines and Michael E. McMahon, 23 W.L.J. 132 (1983).
"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).
CASE ANNOTATIONS
1. Creditor may compel administration even if resident's estate has inconsequential assets; creditors may be taxed and required to give security for costs. In re Estate of Brasfield, 168 Kan. 376, 383, 214 P.2d 305.
2. A probate court may charge the cost of administering a no-asset estate to the creditor who petitioned for administration hereunder. State Department of Social Welfare v. Emert, 205 Kan. 393, 394, 469 P.2d 435.
3. Attorney fees in will contest disallowed where court found suit not frivolous nor instigated in bad faith. In re Estate of Kern, 239 Kan. 8, 716 P.2d 528 (1986).
4. Absent express statutory authority court cannot order payment of attorney fees from decedent's estate. In re Estate of Gardiner, 29 Kan. App. 2d 158, 23 P.3d 902 (2001).