Source or prior law:

22-233.

Law Review and Bar Journal References:

Annotation No. 9 discussed in 1953-55 survey of law of administration of estates, Richard C. Harris, 4 K.L.R. 151, 156 (1955).

"Is Kansas Probate Non Claim Statute Unconstitutional?" John F. Kuether, 54 J.K.B.A. 115 (1985).

"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).

"The Kansas Uniform Trust Code," David M. English, 51 K.L.R. 311 (2003).

CASE ANNOTATIONS

1. Discussed but not applied in denying probate of will; estoppel. Swisher v. McMain, 153 Kan. 401, 407, 413, 110 P.2d 765.

2. Application for admission to probate must be filed within one year. Swisher v. Bouse, 155 Kan. 797, 799, 130 P.2d 565.

3. No provision similar to this section before probate code enacted. Kininmonth v. Carson, 156 Kan. 808, 819, 820, 137 P.2d 173.

4. Section not subject to exception by reason of other provisions of code; application for probate of will held filed too late; statutes construed. In re Estate of Colyer, 157 Kan. 347, 348, 349, 139 P.2d 411.

5. Applies to probate proceeding commenced after effective date although testator died before. In re Estate of Reed, 157 Kan. 602, 603, 605, 608, 609, 610, 142 P.2d 824.

6. Mentioned in holding nonclaim statute (K.S.A. 59-2239) is statute of limitations. In re Estate of Brasfield, 168 Kan. 376, 385, 214 P.2d 305.

7. Referred to; no time limit within which interested heir may petition for administrator. In re Estate of Wright, 170 Kan. 400, 406, 227 P.2d 131.

8. Contention hearing for probate of will set too late; not allowed. In re Estate of Kennan, 175 Kan. 207, 209, 210, 262 P.2d 835.

9. Decedent's action accrued after death; statute of limitations tolled until executor appointed. In re Estate of Hewitt, 183 Kan. 352, 358, 327 P.2d 872.

10. Applied; family settlement agreement to withhold will from probate not valid defense to petition to probate. In re Estate of Harper, 202 Kan. 150, 158, 446 P.2d 738.

11. Cited in discussing automobile liability coverage of deceased insured. Government Employees Insurance Company v. Wineteer, 409 F.2d 1333, 1335.

12. Alleged breach of violation of K.S.A. 59-618 by defendants; no showing of any attempt to secure admission of will to probate by plaintiffs; complaint barred. Curtis v. Freden, 224 Kan. 646, 648, 653, 585 P.2d 993.

13. Compared with K.S.A. 59-2236; creditor of decedent not denied due process or equal protection when notice of appointment of representative by publication only. Gano Farms, Inc. v. Estate of Kleweno, 2 Kan. App. 2d 506, 511, 582 P.2d 742.

14. Statute shortening time for filing in effect when petition filed controls if reasonable time for filing exists. In re Estate of Forrester, 13 Kan. App. 2d 98, 102, 762 P.2d 198 (1988).

15. Contractual will not admitted to probate must be submitted as claim against intestate estate to be effective. In re Estate of Pallister, 13 Kan. App. 2d 337, 340, 770 P.2d 494 (1989).

16. Admission of will to probate not timely commenced and barred; petition not set for hearing within limitations period. In re Estate of Thompson, 24 Kan. App. 2d 321, 944 P.2d 732 (1997).

17. Not absolute bar to probate will after 6 months limit; court not deprived of jurisdiction. In re Estate of Tracy, 36 Kan. App. 2d 401, 405, 406, 140 P.3d 1045 (2006).

18. Cited; belated admission of will to probate by innocent beneficiary allowed. In re Estate of Seth, 40 Kan. App. 2d 824, 826, 827, 829, 196 P.3d 402 (2008).

19. District court's admission of a will to probate was upheld under the unusual facts of case. In re Estate of Strader, 47 Kan. App. 2d 374, 277 P.3d 1163 (2010).

20. No exception applied to admit will to probate more than six months after a testator's death simply because it was lost or misplaced. In re Estate of Strader, 301 Kan. 50, 57, 339 P.3d 769 (2014).