Printable Format59-2232. Hearing for administration. On the hearing of a petition for administration and proof thereof, the court shall appoint an administrator and fix the amount of his or her bond, as required by law. If the person appointed neglects for ten days after written notice of such appointment, served as the court may direct, to file the oath and bond required by law, such neglect shall be deemed a refusal to serve and the court, with or without notice, may appoint such other person or persons as may be entitled to administer such estate.
History: L. 1939, ch. 180, ยง 208; July 1.
Source or prior law:
22-313.
Cross References to Related Sections:
Persons to whom administration granted, see 59-705.
CASE ANNOTATIONS
1. Procedure and notice required for appointment of administrator de bonis non discussed. Barrett v. McMannis, 153 Kan. 420, 423, 424, 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. District court without jurisdiction of heir's action to partition real estate, when. Felton v. Rubow, 163 Kan. 82, 83, 179 P.2d 935.
4. 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.
5. Administration; findings upon which administrator appointed; no appeal; conclusiveness. In re Estate of Johnson, 180 Kan. 740, 745, 746, 308 P.2d 100.
6. 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).