Printable Format59-2247. Petition and notice of final settlement. (a) The petition of an executor or an administrator for a final settlement and accounting, and a determination of the persons entitled to the estate of a decedent, shall, in addition to other requirements, contain:
(1) A statement of the account;
(2) the names, residences, and addresses of the heirs, devisees, and legatees;
(3) a description of the real estate and the interest of the decedent therein at the time of the decedent's death;
(4) the nature and character of the respective claims of the heirs, devisees, and legatees of the decedent; and
(5) a statement that neither the decedent nor a predeceased spouse of the decedent were paid medical assistance under K.S.A. 39-709, and amendments thereto, or the laws of any other state, or, in the event that such assistance was paid for or to the decedent or a predeceased spouse of the decedent under K.S.A. 39-709, and amendments thereto, or the laws of any other state, that the state making such payments was duly notified of the filing of the petition as required by K.S.A. 59-2222, and amendments thereto.
Notice of the hearing on a petition of an executor or administrator for a final settlement and accounting in which title to real estate is to be assigned by the court shall be given pursuant to K.S.A. 59-2209, and amendments thereto. In all other cases, notice shall be given or waived as provided in K.S.A. 59-2208, and amendments thereto.
History: L. 1939, ch. 180, § 223; L. 1987, ch. 212, § 3; L. 2007, ch. 190, § 14; L. 2015, ch. 42, § 16; July 1.
Source or prior law:
22-904, 22-924.
Cross References to Related Sections:
Contents of petition, see 59-2202.
Law Review and Bar Journal References:
1963-65 survey of law of administration of estates, Richard C. Harris, 14 K.L.R. 139, 147 (1965).
"A Practical Review of the 1975 Kansas Probate Code Revisions," Philip S. Frick, 44 J.B.A.K. 137, 182 (1975).
CASE ANNOTATIONS
1. Probate court has jurisdiction to distribute estate according to family settlement contract. Erwin v. Erwin, 153 Kan. 703, 708, 113 P.2d 349.
2. Probate judge only person who can limit extent of final settlement hearing. In re Estate of Eyth, 157 Kan. 268, 273, 139 P.2d 378.
3. Final settlement decree unappealed is binding adjudication of devisee's interest in real estate. Bitzer v. Smith, 158 Kan. 83, 87, 145 P.2d 148.
4. Probate court judgment distributing estate cannot be collaterally attacked. Cole v. Thacker, 158 Kan. 242, 251, 146 P.2d 665.
5. Probate court has exclusive, original jurisdiction to determine validity of will clause. Asendorf v. Asendorf, 162 Kan. 310, 313, 176 P.2d 535.
6. Probate court has exclusive jurisdiction to distribute estate according to family settlement, when. Down v. Austenfeld, 162 Kan. 562, 565, 178 P.2d 201.
7. Petition to set apart homestead not filed; effect; cotenant's rights; discussed. Cole v. Coons, 162 Kan. 624, 640, 178 P.2d 997.
8. District court without jurisdiction of heir's action to partition real estate, when. Felton v. Rubow, 163 Kan. 82, 84, 179 P.2d 935.
9. No notice necessary where estate insolvent and closed under K.S.A. 59-1507. Houdashelt v. Sweet, 163 Kan. 97, 103, 180 P.2d 604.
10. Decedent's daughter's claim to estate based on marriage contract held not a demand; nonclaim statute inapplicable; presentation on final settlement proper; "demand" cases reviewed and distinguished. In re Estate of Welch, 167 Kan. 97, 104, 110, 204 P.2d 714.
11. Objection to final settlement proper to bring uninventoried property into estate. In re Estate of West, 169 Kan. 447, 455, 219 P.2d 418.
12. Requirements of section met; decree of probate court upheld. In re Estate of Rothrock, 173 Kan. 717, 723, 252 P.2d 598.
13. Petitions for specific performance of contract to make will properly transferred to district court. In re Estate of Teeter, 184 Kan. 567, 569, 337 P.2d 691.
14. Assertion of rights under postnuptial agreement by collateral heirs proper at final settlement. McCormick v. Maddy, 186 Kan. 154, 159, 164, 348 P.2d 1007.
15. Cited; probate court has exclusive jurisdiction initially to determine executor's attorney fees under K.S.A. 59-1717. In re Estate of Murdock, 213 Kan. 837, 853, 519 P.2d 108.
16. Failure to file accounting, while irregular and improper, did not deprive court of jurisdiction to order final settlement. In re Estate of Newland, 240 Kan. 249, 253, 254, 730 P.2d 351 (1986).