Printable Format59-2250. Proceedings to determine descent. Whenever any person has been dead for more than six months and has left property or any interest in property, any person interested in the estate or claiming an interest in such property may petition the district court of the county of the decedent's residence, or of any county where property or any interest in property of the decedent is situated, to determine its descent under the laws of intestate succession or under the terms of a valid settlement agreement if:
(a) No will has been filed under K.S.A. 59-618a and amendments thereto within six months after death;
(b) no petition has been filed for the probate of a will in this state; and
(c) no petition for administration has been filed in this state or administration has been had without a determination of the descent of the property.
History: L. 1939, ch. 180, § 226; L. 1941, ch. 284, § 11; L. 1972, ch. 215, § 18; L. 1976, ch. 242, § 40; L. 1985, ch. 191, § 40; L. 1987, ch. 211, § 2; July 1.
Cross References to Related Sections:
Contents of petition, see 59-2202.
Joinder of proceedings see 59-2282.
Law Review and Bar Journal References:
Related to K.S.A. 59-2287 et seq. in 1963-65 survey of law of administration of estates, Richard C. Harris, 14 K.L.R. 139, 141 (1965).
Survey of Kansas nonresident estate administration, Richard C. Harris, 17 K.L.R. 325, 326 (1969).
1965-1969 survey of estate planning and future interests, James K. Logan, 17 K.L.R. 455, 496 (1969).
CASE ANNOTATIONS
1. Judicial estoppel by descent decree mentioned but not determined. Gantz v. Bondurant, 159 Kan. 389, 391, 393, 155 P.2d 450.
2. Decree does not create title; merely declares who has acquired title; district court's power to determine descent discussed; probate court's original, exclusive jurisdiction over final settlement of estate not affected by proviso. Jardon v. Price, 163 Kan. 294, 295, 297, 298, 181 P.2d 469.
3. Jurisdiction of district court to determine descent and partition stated. Bryson v. Phillips, 164 Kan. 529, 530, 533, 190 P.2d 876.
4. Probate court's jurisdiction exclusive to determine title to real estate in decedent's estate. Wright v. Rogers, 167 Kan. 297, 301, 205 P.2d 1010.
5. Action for destruction of automobile survives to owner's personal representatives not heirs. Howe v. Mohl, 168 Kan. 445, 447, 448, 214 P.2d 298.
6. Mentioned; proceedings for administrator by heir not barred by K.S.A. 59-2239. In re Estate of Wright, 170 Kan. 400, 403, 227 P.2d 131.
7. Nature and effect of descent decree stated and discussed. Zaloudek v. Zaloudek, 171 Kan. 72, 74, 75, 229 P.2d 727.
8. Partition based on subsequent family settlement descent decree not res judicata. McCrary v. McCrary, 179 Kan. 210, 211, 213, 293 P.2d 995.
9. Descent decree does not create title; merely declares who acquired decedent's title. Snedeger v. Schrader, 183 Kan. 725, 727, 332 P.2d 586.
10. Descent proceeding, purpose, jurisdiction; function of decree; cases reviewed. Carter v. Carter, 187 Kan. 74, 75, 76, 81, 353 P.2d 499.
11. Referred to; executor's duty to petition and endeavor to procure admission. In re Estate of Harper, 202 Kan. 150, 164, 446 P.2d 738.