Printable Format59-2219. Petition for administration. A petition for administration shall state: (1) The name, residence, and date and place of death, of the decedent; (2) the names, ages, residences, and addresses of the heirs of the decedent so far as known or can with reasonable diligence be ascertained; (3) the general character and probable value of the real and personal property; (4) the name, residence and address of the person for whom letters are prayed; and (5) whether administration is sought under the Kansas simplified estates act, and if such administration is sought, one or more reasons for seeking administration under the Kansas simplified estates act.
History: L. 1939, ch. 180, § 195; L. 1975, ch. 299, § 14; January 1, 1976.
Source or prior law:
22-301.
Cross References to Related Sections:
Contents of petition, see 59-2202.
Law Review and Bar Journal References:
"A Practical Review of the 1975 Kansas Probate Code Revisions," Philip S. Frick, 44 J.A.B.K. 137, 181 (1975).
"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).
Attorney General's Opinions:
Transfer of motor vehicle title of decedent; creditors' claims. 87-55.
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 petition for appointment of administrator held filed too late; computation of time. In re Estate of Dumback, 154 Kan. 501, 503, 119 P.2d 476.
3. Transfer of proceedings not authorized by K.S.A. 59-2402a, 59-2402b; section applicable. In re Estate of Duel, 161 Kan. 593, 596, 171 P.2d 271.
4. District court without jurisdiction of heir's action to partition real estate, when. Felton v. Rubow, 163 Kan. 82, 83, 179 P.2d 935.
5. Admitting will to probate is one proceeding and issuing letters testamentary another. Price v. Gibson, 165 Kan. 10, 18, 192 P.2d 219.
6. Fact petition to probate will did not state names of heirs mentioned. In re Estate of Randall, 167 Kan. 62, 63, 204 P.2d 699.
7. Petition for appointment of administrator held sufficient; statutes construed. In re Estate of Erwin, 167 Kan. 316, 318, 205 P.2d 925.
8. 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.
9. Petition for administrator by interested heir; rights not barred by K.S.A. 59-2239. In re Estate of Wright, 170 Kan. 400, 403, 227 P.2d 131.
10. Administration; findings upon which administrator appointed; no appeal; conclusiveness. In re Es tate of Johnson, 180 Kan. 740, 745, 308 P.2d 100.
11. Cited; failure to list all of decedent's heirs in petition will not deprive court of jurisdiction to act. In re Estate of Barnes, 212 Kan. 502, 506, 513, 512 P.2d 387.
12. 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, 588 P.2d 960.
13. Petition for refusal to grant letters constituted petition for administration sufficient to toll time requirements of K.S.A. 59-2239. In re Estate of Kinnett, 23 Kan. App. 2d 842, 845, 935 P.2d 1090 (1997).
14. Appeal of claim that bond defect of administratrix deprived court of jurisdiction over estate proceeding untimely filed. In re Estate of Harrison, 25 Kan. App. 2d 661, 668, 967 P.2d 1091 (1998).