Printable Format59-2201. Pleading. Every application in a probate proceeding, unless made during a hearing or trial, shall be by petition signed and verified by or on behalf of the petitioner. No defect in form shall impair substantial rights; and no defect in the statement of jurisdictional facts actually existing shall invalidate any proceedings.
History: L. 1939, ch. 180, ยง 177; July 1.
Source or prior law:
22-208, 22-265, 22-301, 22-709, 22-710, 22-810, 22-828, 22-1312, 38-212, 39-201.
Law Review and Bar Journal References:
Discussed in nisi prius decision that jurisdiction of probate court depends on notice in a hearing as to the removal of an administratrix, 11 K.L.R. 297, 298 (1962).
"Survey of Kansas Law: Wills, Trusts, and Probate," 29 K.L.R. 595, 614 (1981).
CASE ANNOTATIONS
1. Procedure and notice required for appointment of administrator de bonis non discussed. Barrett v. McMannis, 153 Kan. 420, 423, 110 P.2d 774.
2. Creditor's claim not complying with K.S.A. 59-2202 held sufficient to toll statute of limitations; amendment. Roberts v. Setty, 154 Kan. 505, 506, 119 P.2d 539.
3. Procedure for allowance and payment of creditor's claim stated and applied; claim barred. In re Estate of Dotson, 154 Kan. 562, 568, 119 P.2d 518.
4. Procedure for filing and allowance of claims against ward's estate stated and applied. Osment v. Trout, 156 Kan. 120, 122, 131 P.2d 640.
5. Claim filed under 1941 law, but not set for hearing within nine months after notice to creditors, barred. In re Estate of Whittelsey, 156 Kan. 157, 161, 131 P.2d 911.
6. Mere filing of petition does not commence procedure to probate; hearing; limitations. In re Estate of Reed, 157 Kan. 602, 605, 612, 142 P.2d 824.
7. Applied in determining jurisdiction of court to vacate order after 30 days under K.S.A. 59-2213. In re Estate of Lillibridge, 161 Kan. 93, 104, 166 P.2d 720.
8. Appointment of administrator de bonis non without notice is void; petition; hearing. In re Estate of Oliver, 162 Kan. 407, 413, 176 P.2d 574.
9. Cited; complete administration consists of several separate distinct proceedings. Price v. Gibson, 165 Kan. 10, 18, 192 P.2d 219.
10. Decedent's daughter's claim to estate based on marriage contract held not a demand; nonclaim statute inapplicable; presentation on final settlement proper; "demand" cases reviewed and distinguished. In re Estate of Welch, 167 Kan. 97, 101, 204 P.2d 714.
11. Petition necessary to set aside probate court final settlement decree. In re Estate of Michaux, 171 Kan. 417, 421, 233 P.2d 510.
12. Applied; notice in form of "citation" held not to invalidate proceedings. In re Estate of Garnand, 177 Kan. 168, 173, 277 P.2d 602.
13. Proper issues on offering will to probate discussed. In re Estate of O'Leary, 180 Kan. 419, 421, 422, 304 P.2d 547.
14. Claim seeking enforcement of contract to convey construed as claim for services. In re Estate of Ray, 180 Kan. 634, 636, 306 P.2d 190.
15. Cited; striking of motion for judgment on pleadings upheld. In re Estate of Weidman, 181 Kan. 718, 724, 314 P.2d 327.
16. Discussed; amended petition for allowance filed after nine months; unverified; second amendment permitted. In re Estate of Wilkinson, 192 Kan. 285, 286, 387 P.2d 152.
17. Cited in holding petition to reopen guardianship estate to be in substantial compliance with statutory requirements. First National Bank of Topeka v. Hiatt, 201 Kan. 50, 54, 439 P.2d 373.
18. Verification of claim not prerequisite to filing; amendment subject to judicial discretion. In re Estate of Shaffer, 203 Kan. 264, 265, 266, 267, 269, 270, 454 P.2d 1.
19. Applied; proceedings for appointment of conservators were not void or subject to collateral attack. Kline v. Orebaugh, 214 Kan. 207, 215, 519 P.2d 691.
20. Creditor's petition for administration could not serve as petition for allowance of demand; denial of claim. In re Estate of Jones, 3 Kan. App. 2d 63, 64, 65, 66, 588 P.2d 960.
21. Cited; failure to file final accounting (K.S.A. 59-2247) did not deprive court of jurisdiction to order final settlement. In re Estate of Newland, 240 Kan. 249, 254, 730 P.2d 351 (1986).
22. Chapter 59 as containing no procedures for notice of contested guardian ad litem fees noted; rules in civil cases apply. In re Guardianship of K.M.W., 13 Kan. App. 2d 640, 646, 777 P.2d 1274 (1989).
23. Party failed to meet burden of proof to establish prima facie case of capacity of testator. In re Estate of Leavey, 41 Kan. App. 2d 423, 202 P.3d 99 (2009).