Printable Format59-2208. Notice fixed by court; waiver. When notice of any probate proceedings is required by law or deemed necessary by the court and the manner of giving it is not directed by law, the court shall order notice to be given to all persons interested, in such manner and for such length of time as the court considers reasonable. A copy of the petition, any attachments to it and, when applicable, a copy of the will, accounting and settlement agreement shall be served with the notice, unless excused by court order. Any required notice may be waived in writing by: Any competent person; any fiduciary; a trustee on behalf of the trustee and all beneficiaries of the trust; a conservator on behalf of the conservator and all the conservator's conservatees; a guardian on behalf of the guardian and all the guardian's wards; a guardian ad litem on behalf of the guardian ad litem and all those whom the guardian ad litem represents; or an attorney under the servicemembers civil relief act on behalf of an attorney appointed pursuant to that act and all those whom such attorney represents.
History: L. 1939, ch. 180, § 184; L. 1975, ch. 299, § 13; L. 1985, ch. 191, § 32; L. 2005, ch. 45, § 2; July 1.
Law Review and Bar Journal References:
Adoption procedure, Marvin E. Larson, 19 J.B.A.K. 332, 348 (1951).
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, 299, 300 (1962).
Validity of Kansas probate decisions in federal courts, Fred L. Haag, 13 K.L.R. 149, 150 (1964).
"A Practical Review of the 1975 Kansas Probate Code Revisions," Philip S. Frick, 44 J.B.A.K. 137, 139 (1975).
"Contested Estate Matters After Court Unification," Calvin J. Karlin, 48 J.B.A.K. 97, 101 (1979).
"The Servicemembers Civil Relief Act: A Modern Replacement for The SSCRA," James P. Pottorff, Jr., 74 J.K.B.A. No. 9, 20, 25 (2005).
CASE ANNOTATIONS
1. 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.
2. Probate court's original exclusive jurisdiction over claims against, and decedents' estates determined. Egnatic v. Wollard, 156 Kan. 843, 854, 855, 137 P.2d 188.
3. Waiver of notice did not waive substantive rights. In re Estate of Reed, 157 Kan. 602, 613, 142 P.2d 824.
4. Final settlement notice insufficient to vacate order allowing claim against estate. In re Estate of Grove, 158 Kan. 444, 451, 148 P.2d 497.
5. Probate court order setting aside homestead without notice to creditor held void. In re Estate of Schroeder, 158 Kan. 783, 785, 150 P.2d 173.
6. Notice of hearing of petition should be given unless court makes order to the contrary. In re Estate of Morgans, 188 Kan. 50, 59, 360 P.2d 1069.
7. Adoption decree not subject to collateral attack; adoptive parents possess parental rights, including custody right. Jones v. Jones, 215 Kan. 102, 116, 523 P.2d 743.
8. Lower court lacked venue and jurisdiction; proceedings dismissed. In re Stremel, 233 Kan. 136, 138, 660 P.2d 952 (1983).
9. Cited; circumstances rendering order approving claims voidable due to conservator's substantial conflict of interest (K.S.A. 59-1703), "other interested parties" examined. In re Conservatorship of L.M.S., 12 Kan. App. 2d 725, 726, 755 P.2d 22 (1988).
10. 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).
11. Cited; whether natural mother's consent to adoption within 12 hours of birth is voidable before final decree entered examined. In re Adoption of J.H.G., 254 Kan. 780, 799, 869 P.2d 640 (1994).
12. Cited; whether an applicant in a probate proceeding is relieved of burden of proof where no opposing party examined. In re Estate of Murdock, 20 Kan. App. 2d 170, 177, 884 P.2d 749 (1994).
13. Statutory phrase "cause it to be set for hearing" construed in para materia to require the petitioner to obtain an executed order from the district court setting the petition for hearing. In re Estate of Claire, 51 Kan. App. 2d 886, 895, 357 P.3d 303 (2015).