Session of 2000
Effective: July 1, 2000
HOUSE BILL No. 2673
An Act concerning the probate code; amending K.S.A. 59-403,
59-1507a, 59-1507b, 59-
2215, 59-2237, 59-2287 and 59-2401 and K.S.A. 1999
Supp. 59-6a215 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 59-403 is hereby
amended to read as follows: 59-
403. When a resident of the state dies, testate or intestate, the
surviving
spouse shall be allowed, for the benefit of such spouse and the
decedent's
minor children during the period of their minority, from the
personal or
real property of which the decedent was possessed or to which the
de-
cedent was entitled at the time of death, the following:
(a) The wearing apparel, family library,
pictures, musical instruments,
furniture and household goods, utensils and implements used in
the
home, one automobile, and provisions and fuel on hand necessary for
the
support of the spouse and minor children for one year.
(b) A reasonable allowance of not more
than $25,000 $35,000 in
money or other personal or real property at its appraised value in
full or
part payment thereof, with the exact amount of such allowance to
be
determined and ordered by the court, after taking into account the
con-
dition of the estate of the decedent.
The property shall not be liable for the
payment of any of decedent's
debts or other demands against the decedent's estate, except liens
thereon
existing at the time of the decedent's death. If there are no minor
chil-
dren, the property shall belong to the spouse; if there are minor
children
and no spouse, it shall belong to the minor children. The selection
shall
be made by the spouse, if living, otherwise by the guardian of the
minor
children. In case any of the decedent's minor children are not
living with
the surviving spouse, the court may make such division as the court
deems
equitable.
Sec. 2. K.S.A. 1999 Supp. 59-6a215
is hereby amended to read as
follows: 59-6a215. A surviving spouse is entitled to the homestead,
or in
lieu thereof the surviving spouse may elect to receive a homestead
allow-
ance of $25,000 $35,000. The homestead or
homestead allowance is ex-
empt from and has priority over all demands against the estate.
The
homestead or homestead allowance is in addition to any share
passing to
the surviving spouse by way of elective share.
Sec. 3. K.S.A. 59-1507a is hereby
amended to read as follows: 59-
1507a. (a) If not less than 180 days after the death of an
individual entitled
at the time of death to a monthly benefit or benefits under title
II of the
social security act or under any veterans administration program or
public
or private retirement or annuity plan, all or part of the amount of
such
benefit or benefits, not in excess of $1,000
$5,000, is paid to (1) the
surviving spouse, (2) one or more of the deceased's children, or
descen-
dants of the deceased's deceased children, (3) the deceased's
father or
mother, or (4) the deceased's brother or sister, preference being
given in
the order named if more than one request for payment has been
made
by or for the named individuals, such payment shall be deemed to be
a
payment to the personal representative of the decedent and shall
consti-
tute a full discharge and release from any further claim for such
payment
to the same extent as if such payment had been made to an executor
or
administrator of the decedent's estate.
(b) The provisions of subsection (a)
shall apply only if an affidavit has
been made and filed with the appropriate governmental office or
private
company responsible for the benefit by the surviving spouse or
other
relative by whom or on whose behalf request for payment is made
and
such affidavit shows (1) the date of death of the deceased, (2) the
rela-
tionship of the affiant to the deceased, (3) that no executor or
adminis-
trator for the deceased has qualified or been appointed, and (4)
that, to
the affiant's knowledge, there exists at the time of the filing of
such af-
fidavit, no relative of a closer degree of kindred to the deceased
than the
affiant.
Sec. 4. K.S.A. 59-1507b is hereby
amended to read as follows: 59-
1507b. (a) When a resident of the state dies, whether
testate or intestate,
if the total assets of the estate of the decedent do not
exceed $10,000 in
value, the surviving spouse of the decedent, if entitled by
will or by in-
testate succession to moneys on deposit in the account of
the decedent
in any bank, trust company, savings and loan association or
credit union
located in this state, shall be paid, without having been
granted letters
testamentary or letters of administration, the moneys on
deposit, not in
excess of $1,000, upon furnishing the bank, trust company,
savings and
loan association or credit union with an affidavit showing
the entitlement
of the spouse to receive the moneys. Payment of the moneys
to the spouse
shall be deemed to be a payment to the personal
representative of the
decedent, and the receipt of the spouse shall constitute a
full discharge
and release from any further claim for such payment to the
same extent
as if the payment had been made to an executor or
administrator of the
decedent's estate. The affidavit required to be furnished
under the pro-
visions of this subsection shall be substantially as
follows:
State of Kansas
)
) ss.
County of
)
______________________, being duly sworn,
says:
(1) On __________ , 19__, ____________
(decedent) died
________(testate or intestate) at ________(location),
leaving an estate not ex-
ceeding $10,000 in value.
(2) The undersigned is the
surviving spouse of ________(decedent) and is entitled
by __________ (decedent's will or by succession) to any
money of
(decedent) deposited in ____________ (specify bank, trust
company, savings and loan
association or credit union).
(3) There is on deposit with
__________ (specify bank, trust company, savings
and loan association or credit union and, if applicable,
specify branch) the sum of $ ________
in Account No. ________ in the name of ________ (decedent).
The undersigned
requests that ________ (such sum or specify amount not
exceeding $1,000) be paid to
the undersigned, without procurement of letters
________(testamentary or of admin-
istration).
(4) The undersigned has not, nor
has anyone on behalf of the undersigned, withdrawn
or received any funds on deposit in this account, except
the sum of $ ________ (if
applicable).
(Jurat) (Signature)
(b) When a resident of
the state dies, whether testate or intestate, if
the total assets of the estate of the decedent subject to
probate do not
exceed $10,000 $20,000 in value, any
personal property in the form of
moneys, stock, evidence of indebtedness, interest or right
transferable to
the decedent's estate by any corporation or person shall be
transferred
to the successor or successors of the decedent, if entitled thereto
by will
or by intestate succession, without having been granted letters of
admin-
istration or letters testamentary, upon such successor's or
successors' fur-
nishing the corporation or person with an affidavit showing
entitlement
thereto. Transfer of such personal property to the successor or
successors
shall be deemed to be a transfer to the personal representative of
the
decedent, and the receipt of the successor or successors shall
constitute
a full discharge and release from any further claim for such
transfer to
the same extent as if the transfer had been made to an executor or
ad-
ministrator of the decedent's estate. The affidavit required to be
furnished
under the provisions of this subsection shall be substantially as
follows:
State of Kansas
)
)
ss.
County of
)
______________________(name of affiant(s)) being duly sworn
state:
(1) On ________, 19__
(year), ________ (decedent) died ________
(testate or intestate) at ________ (location), leaving an estate
not exceeding $10,000
$20,000 in value, and I have attached a certified copy of
the death certificate hereto.
(2) That no petition for the appointment
of an executor or administrator of the dece-
dent's estate is pending or has been granted.
(3) That all unpaid debts, claims or
demands against the decedent or the decedent's
estate and all estate and inheritance taxes due, if any, on the
property transfers involved,
have been or will be paid.
(4) That the following are the names,
ages, relationships and addresses of the benefi-
ciaries under the decedent's will or heirs of the decedent:
Name Age
Relationship Address
(5) That the decedent's estate consists
of the following property: (include the proceeds
from policy no. ______):
Property
$ Value
(6) That affiant(s) has(have) the sole
and exclusive right to succeed to the personal
property of the decedent and that affiant(s) is(are) over 18 years
of age and is(are) legally
competent in all respects to make this affidavit and to receive the
above mentioned personal
property, apportioned among the affiants, if more than one as
follows: ______.
Wherefore, affiant(s) hereby request(s) that
the above mentioned personal property be
transferred to the affiant(s).
(Jurat)
________________
Signature(s)
Sec. 5. K.S.A. 59-2215 is hereby
amended to read as follows: 59-
2215. When the total assets of the estate of a decedent or
conservatee do
not exceed the sum of five hundred dollars ($500)
$5,000 in value, the
court may remit the court costs or any part thereof to
said such estate.
Sec. 6. K.S.A. 59-2237 is hereby
amended to read as follows: 59-
2237. (a) Any person may exhibit a demand against the estate of a
de-
cedent by filing a petition for its allowance in the proper
district court.
Such demand shall be deemed duly exhibited from the date of the
filing
of the petition. The petition shall contain a statement of all
offsets which
the estate is entitled. The person exhibiting the demand shall
provide a
copy of the demand, as filed, to the personal representative of the
estate.
The court shall from time to time as it deems advisable, and must
at the
request of the executor or administrator, or at the request of any
creditor
having exhibited demand, fix the time and place for the hearing of
such
demands. Notice of the time and place of the demand hearing shall
be
given in such manner and to such persons as the court shall
direct.
(b) The verification of any demand may be
deemed prima facie evi-
dence of its validity unless a written defense thereto is filed.
Upon the
adjudication of any demand, the court shall enter its judgment
allowing
or disallowing it. Such judgment shall show the date of
adjudication, the
amount allowed, the amount disallowed and classification if
allowed.
Judgments relating to contingent demands shall state the nature of
the
contingency.
(c) Any demand not exceeding
$1,500 $5,000, other than a demand
by the executor or administrator, duly itemized and verified and
which is
timely filed, may be paid by the executor or administrator without
com-
pliance with any of the provisions of this act relating to
petition, notice
of hearing, allowance by the court or otherwise. If a written
defense to
the petition of the executor or administrator for a final
settlement and
accounting is timely filed by any interested party which takes
issue with
payment of the demand by the executor or administrator, at the
hearing
on the petition the burden of proof shall be upon the executor or
admin-
istrator to establish that the demand was due and owing by the
estate. If
the demand, or any part thereof, is disallowed by the court, the
accounting
of the executor or administrator shall not be allowed as to the
disallowed
demand, or part thereof.
Sec. 7. K.S.A. 59-2287 is hereby
amended to read as follows: 59-
2287. (a) The district court, in its discretion, may refuse to
grant letters
in the following cases:
(1) When the value of real or personal
property owned by the dece-
dent is not greater in amount than is allowed by law as exempt
property
and the allowance to the surviving spouse or minor children under
K.S.A.
59-403 and amendments thereto.
(2) When the real and personal estate of
the decedent does not ex-
ceed $25,000 $35,000 and the estate is not
subject to allowances pursuant
to K.S.A. 59-403 and amendments thereto or such allowances are
waived,
any heir, devisee, legatee, creditor or other interested person may
petition
for refusal of letters by giving bond in the sum of not less than
the value
of the estate. Such bond shall be approved by the district court
and con-
ditioned upon the creditor's or heir's assuming the obligation to
pay, so
far as the assets of the estate will permit, the debts of the
decedent in
the order of their preference, and to distribute the balance, if
any, to the
persons entitled thereto under the law, except that real estate
sold in
accordance with this section shall be deemed to have marketable
title as
ordered by the court, and no creditor, heir or other person shall
be
deemed to have an interest after passage of six months following
the date
of death.
(b) Proof may be allowed by or on behalf
of the surviving spouse or
minor children before the district court of the value and nature of
the
estate. If the court is satisfied that no estate will be left after
allowing to
the surviving spouse or minor children their exempt property and
statu-
tory allowances, or that the real and personal estate does not
exceed
$25,000 $35,000 when the petition is filed
by a creditor or heir, the court
may order that no letters of administration shall be issued on the
estate,
unless, upon the petition of other creditors, heirs or parties
interested,
the existence of other or further property is shown.
(c) When a petition is filed under this
section by a surviving spouse
or minor children, notice of the proceeding shall be given pursuant
to
K.S.A. 59-2222 and amendments thereto.
(d) Whenever it appears to the court that
further proceedings in the
administration of an estate pursuant to this section are
unnecessary, and
after payment of Kansas inheritance taxes, if any, the court shall
enter an
order terminating the administration of such estate. Such order
shall be
made without notice, unless the court otherwise orders, and it
shall be to
the effect that, unless further estate of the decedent be
discovered, all
further settlements and other proceedings concerning the estate be
dis-
pensed with and that the surviving spouse and minor children are
relieved
of any further obligations with respect to said estate. If further
estate of
the decedent is discovered and administration is had on it, such
admin-
istration shall not abrogate or invalidate or otherwise affect any
right, title
or interest in property transferred or vested pursuant to this
section unless
the court, for good cause shown, otherwise determines and
orders.
(e) Any will filed pursuant to this
section within a period of six months
after the death of the testator may be admitted to probate after
such six-
month period.
Sec. 8. K.S.A. 59-2401 is hereby
amended to read as follows: 59-
2401. (a) An appeal may be taken within 30 days from the date of
entry
of any of the following orders, judgments, decrees and
decisions:
(1) An order admitting or refusing to
admit a will to probate.
(2) An order appointing, refusing to
appoint, removing or refusing to
remove a fiduciary other than a special administrator.
(3) An order setting apart or refusing to
set apart a homestead or
other property, or making or refusing to make an allowance of
exempt
property to the spouse and minor children.
(4) An order determining, refusing to
determine, transferring or re-
fusing to transfer venue.
(5) An order allowing or disallowing a
demand, in whole or in part,
when the amount in controversy exceeds $50
$500.
(6) An order authorizing, refusing to
authorize, confirming or refus-
ing to confirm the sale, lease or mortgage of real estate.
(7) Judgments for waste.
(8) An order directing or refusing to
direct a conveyance or lease of
real estate under contract.
(9) An order directing or refusing to
direct the payment of a legacy
or distributive share.
(10) An order allowing or refusing to
allow an account of a fiduciary
or any part thereof.
(11) A judgment or decree of partial or
final distribution.
(12) An order compelling or refusing to
compel a legatee or distri-
butee to refund.
(13) An order directing or refusing to
direct an allowance for the
expenses of administration.
(14) An order vacating or refusing to
vacate a previous appealable
order, judgment, decree or decision.
(15) A decree determining or refusing to
determine the heirs, devi-
sees and legatees.
(16) An order adjudging a person in
contempt.
(17) An order adjudging or refusing to
adjudge a person an incapac-
itated person.
(18) The granting or refusing to grant an
order for treatment.
(19) An order granting or denying
restoration to capacity.
(20) An order granting or denying
discharge.
(21) An order finding or refusing to find
that there is a valid consent
to a will.
(22) An order finding or refusing to find
that there is a valid settle-
ment agreement.
(23) An order decreeing or refusing to
decree an adoption.
(24) A final order, decision or judgment
in any probate proceeding.
(b) Notwithstanding the provisions of
K.S.A. 60-2103 and amend-
ments thereto relating to bonds, the appellant, other than the
state or
municipality or a fiduciary appealing on behalf of the estate,
shall file in
the court from which the appeal is taken a bond in such sum and
with
such sureties as may be fixed and approved by the court,
conditioned that
the appellant will without unnecessary delay prosecute the appeal
and
pay all sums, damages and costs that may be adjudged against the
appel-
lant.
(c) Except as otherwise provided in this
section, appeals taken pur-
suant to this section shall be taken in the manner provided by
chapter 60
of the Kansas Statutes Annotated for other civil cases.
Sec. 9. K.S.A. 59-403,
59-1507a, 59-1507b, 59-2215, 59-2237, 59-
2287 and 59-2401 and K.S.A. 1999 Supp. 59-6a215 are hereby
repealed.
Sec. 10. This act shall take
effect and be in force from and after its
publication in the statute book.