59-2222. Notice of hearing; contents. (a) When a petition is filed for the probate of a will, for the determination that the consent of a spouse to a will is a valid and binding consent, for administration or for refusal to grant letters of administration, the court shall fix the time and place for the hearing thereof. Notice of the hearing shall be given pursuant to K.S.A. 59-2209, and amendments thereto, unless the court makes an order to the contrary. If notice is by order of the court not required to be given pursuant to K.S.A. 59-2209, and amendments thereto, the court shall order notice of the hearing to be given, unless waived, in such manner as the court directs.
(b) When the petition seeks simplified administration, the notice shall advise all persons that under provisions for simplified administration the court need not supervise administration of the estate, and no notice of any action of the executor or administrator or other proceedings in the administration will be given, except for notice of final settlement of [the] decedent's estate. The notice shall further advise all persons that if written objections to simplified administration are filed with the court, the court may order that supervised administration ensue.
(c) When a petition has been filed for the refusal of letters of administration, pursuant to K.S.A. 59-2287, and amendments thereto, the notice given shall advise all persons that at such hearing exempt property and a reasonable allowance will be set aside to the surviving spouse and minor children, or both, and that no further notice of the proceeding will be given.
(d) When the state is a party, the notice shall be served upon the attorney general and the county or district attorney of the county.
(e) If the decedent or a predeceased spouse of the decedent received medical assistance payment under K.S.A. 39-709, and amendments thereto, or the laws of any other state, the state or states providing such payment or payments shall be entitled to notice. Such notice shall be given to the agency or department responsible for the recovery of medical assistance in Kansas or, if a state other than Kansas, to the attorney general of such state or states.
History: L. 1939, ch. 180, § 198; L. 1941, ch. 284, § 15; L. 1975, ch. 299, § 15; L. 1981, ch. 228, § 2; L. 2007, ch. 190, § 13; L. 2015, ch. 42, § 15; July 1.
Structure Kansas Statutes
Article 22 - Probate Procedure
59-2204 Commencement of proceeding.
59-2205 Persons under disability.
59-2207 Venue of actions against fiduciaries.
59-2208 Notice fixed by court; waiver.
59-2209 Notice by publication and mailing.
59-2211 Proof of service; effect.
59-2212 Hearings and rules of evidence.
59-2213 Judgments; verification of the petition; vacation or modification.
59-2214 Taxation of costs and security therefor; poverty affidavit.
59-2215 Remission of court costs in small estates.
59-2216 Disclosure proceedings.
59-2219 Petition for administration.
59-2220 Petition for probate of will.
59-2221 Who may petition for probate or administration.
59-2222 Notice of hearing; contents.
59-2223 Hearing; entry of appearance, waiver of notice and consent to immediate hearing.
59-2224 Hearings for probate and for determination of validity of spouse's consent; procedure.
59-2225 Hearing on will in opposition.
59-2226 Will presented after probate of will.
59-2228 Hearing for probate of lost will.
59-2229 Admission of will probated outside state.
59-2230 Admission of will probated elsewhere.
59-2231 Record of order setting aside will probated elsewhere.
59-2232 Hearing for administration.
59-2233 Notice to surviving spouse.
59-2233a Same; 59-603 and 59-2233 not retroactive.
59-2234 Election in case of incapacity.
59-2235 Selection of homestead and allowances.
59-2237 Exhibition of demands and hearing thereon; allowance without hearing, when.
59-2238 Actions pending against decedent at time of death; revivor of actions.
59-2239 Claims against estate; time for filing; when barred.
59-2241 Hearing on contingent demands.
59-2242 Sale of personal property; limitations.
59-2243 Notice of sale at public auction.
59-2245 Report of sale of personal property.
59-2247 Petition and notice of final settlement.
59-2248 Determination of advancements.
59-2249 Hearing and final decree; real estate; distributive share subject to order of garnishment.
59-2250 Proceedings to determine descent.
59-2253 Petition and notice of hearing on account.
59-2256 Effect of court approval.
59-2281 Cases in which joinder of administration proceedings proper.
59-2282 Same; proceedings to determine descent.
59-2283 Joinder of administration; separate proceedings, when.
59-2284 Same; facts as to each estate.
59-2286 Institution of proceedings; notice, hearing, order and decree; time for appeal.
59-2287 Refusal to grant letters of administration; order; notice; termination of administration.
59-2288 Same; apportionment of property between surviving spouse and minor children.
59-2289 Same; appraisal may be ordered.
59-2290 Same; act supplemental to probate code.
59-2292 Same; filing and recordation of disclaimer instrument.