Printable Format59-704. Powers of executor before letters granted. No executor named in a will shall, before letters testamentary are granted, have any power to dispose of any part of the estate of the testator, except to pay reasonable funeral expenses, nor to interfere in any manner with such estate, further than is necessary for its conservation.
History: L. 1939, ch. 180, § 61; July 1.
Source or prior law:
22-311.
Law Review and Bar Journal References:
Cited in note on estate tax, Bruce Moore, 41 J.B.A.K. 45 (1972).
"Estate Tax Deductions and Credits—The Effect of Events Occurring Subsequent to Death," Edwin W. Hecker, Jr., 44 J.B.A.K. 143, 148 (1975).
CASE ANNOTATIONS
1. Powers of executor named in will limited until appointed by court and qualified. In re Estate of Grattan, 155 Kan. 839, 850, 130 P.2d 580.
2. Mentioned; under probate code executor may file petition to probate will. In re Estate of Smith, 168 Kan. 210, 214, 212 P.2d 322.
3. Power to sell under will; not derived from probate court, but from the will. Oglevie, Administrator v. Stasser, 1 Kan. App. 2d 315, 319, 564 P.2d 563.
4. Mentioned; court may appoint another executor where unusual facts show executor named in will to be clearly unsuitable. In re Estate of Petty, 227 Kan. 697, 709, 608 P.2d 987.