Printable Format59-705. To whom administration granted. Administration of the estate of a person dying intestate shall be granted to one or more of the persons hereinafter mentioned, suitable and competent to discharge the trust, and in the following order:
(1) The surviving spouse or next of kin, or both, as the court may determine, or some person or persons selected by them or any of them.
(2) If all such persons are incompetent or unsuitable, or do not accept, administration may be granted to one or more of the creditors, or to a nominee or nominees thereof.
(3) Whenever the court determines that it is for the best interests of the estate and all persons interested therein, administration may be granted to any other person, whether interested in the estate or not.
History: L. 1939, ch. 180, ยง 62; July 1.
Source or prior law:
22-312.
Cross References to Related Sections:
Granting of administration when will not admitted to probate, see 59-2224.
Hearing of petition for administration, see 59-2232.
Law Review and Bar Journal References:
Discussed in 1953-55 survey of law of administration of estates, Richard C. Harris, 4 K.L.R. 151, 156 (1955).
Changes in proposed Uniform Probate Code mentioned, Camilla Klein Haviland, 19 K.L.R. 575, 580 (1971).
"Estates: Appointment of an Administrator-Judicial Discretion," 14 W.L.J. 673, 674 (1975).
"Wills: Testator's Divorced Spouse Deemed to Have Predeceased Testator," Robert E. Nelson, 15 W.L.J. 509 (1976).
CASE ANNOTATIONS
1. Procedures and notices required for appointment of administrator de bonis non discussed. Barrett v. McMannis, 153 Kan. 420, 423, 110 P.2d 774.
2. Creditor's petition for appointment of administrator held filed too late; computation of time. In re Estate of Dumback, 154 Kan. 501, 504, 119 P.2d 476.
3. Court's discretionary power in making appointment of administrator under code discussed; court must appoint executor named in will as executor; exceptions. In re Estate of Grattan, 155 Kan. 839, 850, 130 P.2d 580.
4. Person having claim should have administrator appointed if estate not being administered. Gantz v. Bondurant, 159 Kan. 389, 394, 155 P.2d 450.
5. Cited; appointment of administrator de bonis non without notice is void. In re Estate of Oliver, 162 Kan. 407, 414, 176 P.2d 574.
6. Appointment of "other person" must be based upon evidence showing necessity; classifications must be followed; person in highest classification must be appointed, exceptions; guardian of estate of minor heir erroneously denied right to intervene; minor's guardian ad litem may select person to discharge the trust; refusal to appoint guardian ad litem for minor heir held erroneous. In re Estate of Paronto, 163 Kan. 85, 90, 94, 96, 180 P.2d 302.
7. Construed and applied; appointment of administrator by district court; no error. In re Estate of West, 165 Kan. 483, 485, 488, 195 P.2d 616.
8. Inapplicable to appointment of administrator de bonis non under K.S.A. 59-708. In re Estate of James, 168 Kan. 165, 168, 211 P.2d 123.
9. Person must be not only "competent" but also "suitable" to qualify as administrator; persons who should not be appointed; discretion of court. In re Estate of Anderson, 168 Kan. 299, 302, 212 P.2d 375.
10. Creditor may compel administration even if resident's estate has inconsequential assets. In re Estate of Brasfield, 168 Kan. 376, 381, 214 P.2d 305.
11. Mentioned; action involving decedent's estate must be brought against its personal representative. Smith v. Dodge City Rendering Co., 175 Kan. 243, 245, 263 P.2d 237.
12. Creditor's right to administration discussed; determination of estate's liability, when. In re Estate of Garnand, 177 Kan. 168, 172, 173, 277 P.2d 602.
13. Decedent's attorney appointed administrator; no appeal; conclusiveness of judgment. In re Estate of Johnson, 180 Kan. 740, 748, 308 P.2d 100.
14. Antagonistic heirs held "unsuitable"; appointment of disinterested person upheld. In re Estate of Farabi, 181 Kan. 937, 940, 942, 317 P.2d 427.
15. Nonclaim statute (K.S.A. 59-2239), is statute of limitation controlling claims existing at date of tortfeasor's death. In re Estate of Wood, 198 Kan. 313, 318, 424 P.2d 528.
16. "Next of kin" defined; where next of kin and sole heir is incompetent, guardian ad litem is proper person to be administrator of intestate estate. In re Estate of Seeger, 208 Kan. 151, 154, 490 P.2d 407.
17. Finding nominee of next of kin "unsuitable" must be based on relevant evidence; refusal to appoint, error. In re Estate of Weaver, 214 Kan. 550, 556, 557, 558, 559, 560, 561, 520 P.2d 1330.