Printable Format59-2229. Admission of will probated outside state. When a copy of a will executed outside this state and the probate of it, duly authenticated, is presented by the executor or any other person interested in the will, with a petition for its probate, the court shall fix the time and place for the hearing of the petition, notice of which shall be given to such persons and in such manner as the court directs. The title of any purchaser in good faith, without knowledge of the will, to any property derived from the fiduciary, heirs, devisees or legatees of the decedent shall not be defeated by the production of the will of the decedent and the petition for its probate after six months from the death of the decedent.
History: L. 1939, ch. 180, § 205; L. 1982, ch. 235, § 3; L. 1983, ch. 189, § 1; L. 1985, ch. 191, § 36; July 1.
Source or prior law:
22-229, 22-230.
Law Review and Bar Journal References:
The Kansas experience with uniform state laws, Paul L. Wilbert, 6 K.L.R. 338, 342 (1958).
Mentioned in opinion of attorney general, dated November 14, 1961, as to whether a foreign corporation can act as trustee of Kansas real estate devised by nonresident, and which opinion was quoted in 10 K.L.R 625 (1962).
CASE ANNOTATIONS
1. Document executed in another state and not signed by maker is not entitled to original probate as a will in Kansas. In re Estate of Reed, 229 Kan. 431, 439, 625 P.2d 447.
2. Doctrine of res judicata did not bar action hereunder (see In re Estate of Reed, 229 Kan. 431, 625 P.2d 447); statute does not apply to will of deceased Kansas resident who made a will in Indiana. In re Estate of Reed, 233 Kan. 531, 535, 536, 539, 540, 541, 542, 664 P.2d 824 (1983).
3. Final adjudication on merits of claim bars subsequent petitions for relief based on intervening statutory amendments. In re Estate of Reed, 236 Kan. 514, 520, 522, 693 P.2d 1156 (1985).