Printable Format59-2246. Partial distribution. A petition for partial distribution may be heard without notice, or the court may require notice to be given. When such notice is required or given, a decree of partial distribution shall be final as to the persons entitled to such distribution and as to their respective proportions of the whole estate, unless such decree includes only specific legacies. Where any person entitled to receive a distributive share of any partial distribution of an estate hereunder is the defendant in a garnishment action or proceeding wherein the executor or administrator of the estate is the garnishee, such person's distributive share shall be subject to the order of garnishment served upon the executor or administrator, and no property or funds of the estate shall be delivered or paid over to such person until further order of the court from which the order of garnishment was issued.
History: L. 1939, ch. 180, § 222; L. 1972, ch. 222, § 15; L. 2004, ch. 73, § 3; July 1.
Source or prior law:
22-924.
CASE ANNOTATIONS
1. Probate court judgment distributing estate cannot be collaterally attacked. Cole v. Thacker, 158 Kan. 242, 251, 146 P.2d 665.
2. Probate court has exclusive, original jurisdiction to determine validity of will clause. Asendorf v. Asendorf, 162 Kan. 310, 313, 176 P.2d 535.
3. Cited in authorizing partial distribution prior to final settlement. In re Estate of Kaegi, 3 Kan. App. 2d 440, 441, 596 P.2d 183.