Printable Format59-1507. Summary proceedings. Whenever it is established that the estate of a decedent, exclusive of the homestead and allowances to the spouse and minor children, does not exceed the amounts required for funeral expenses, expenses of last sickness, wages of servants during the last sickness, costs of administration, debts having preference under the laws of the United States or this state, and taxes, the executor or administrator may by order of the court pay the same in the order named, and present his or her account with an application for the settlement and allowance thereof. Thereupon the court with or without notice, may adjust, correct, settle, allow or disallow such account, and if the account is allowed, summarily determine the heirs, legatees, and devisees, and close the administration.
History: L. 1939, ch. 180, ยง 118; July 1.
Source or prior law:
22-726, 22-920.
Cross References to Related Sections:
Refusal to grant letters, when, 59-2287 et seq.
Law Review and Bar Journal References:
Survey of law of administration of estates, Richard C. Harris, 14 K.L.R. 139, 141 (1965).
Subsection (a) mentioned in 1965-69 survey of estate planning and future interests, James K. Logan, 17 K.L.R. 455, 492 (1969).
CASE ANNOTATIONS
1. No notice necessary where estate insolvent; dicta. Houdashelt v. Sweet, 163 Kan. 97, 100, 103, 180 P.2d 604.
2. Creditor may compel administration even if resident's estate has inconsequential assets. In re Estate of Brasfield, 168 Kan. 376, 382, 214 P.2d 305.
3. Estate summarily closed hereunder. Hartman v. Stumbo, 195 Kan. 634, 636, 408 P.2d 693.