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59-2702. Appointment of trustee. A trustee may be appointed for the estate of any such absentee to administer the same until such time as he or she returns or is found to be dead in accordance with the subsequent provisions hereof. A petition for the appointment of such trustee may be filed by any person. Venue for the proceedings thereon shall be in accordance with the laws applicable to the appointment of conservators for nonresident's proposed conservatees. The petition shall include:

(1) the name, age, and the last known residence of the absentee,

(2) the fact of the absentee's disappearance and all known circumstances pertaining thereto, including the date and place of his or her last known whereabouts,

(3) the names and addresses of his or her known next of kin and spouse, if any,

(4) the names and addresses of any other known persons who are likely to hear from the absentee, and

(5) the general nature and probable value of his or her real and personal property.

Notice of the filing of the petition and of the hearing thereon shall be given in accordance with K.S.A. 59-2209 to 59-2211, inclusive, and copies thereof mailed to said next of kin, spouse if any, and the said other persons likely to hear from the absentee as shown by the petition. Upon the hearing the court shall appoint a trustee if satisfied of the truth of the allegations of the petition and that there is property of the absentee within the state subject to being lost or dissipated unless a trustee is appointed to manage and conserve the same.

History: L. 1963, ch. 301, § 2; L. 1965, ch. 346, § 51; January 1, 1966.


1. Act applicable only where property of missing heir subject to waste or loss for lack of someone to care for it. In re Estate of Newland, 240 K. 249, 256, 257, 730 P.2d 351 (1986).

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