59-2233. Notice to surviving spouse. (a) Upon the appointment and qualification of any administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto, the administrator, executor, petitioner or affiant shall forthwith mail a copy of the will, if any, together with a notice statement to the surviving spouse stating: "Under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, you may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death." Such notice shall be mailed within 10 days of the qualification of the administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto. Proof shall be by affidavit filed with the court.
(b) The mailing requirement of subsection (a) may be waived if:
(1) The surviving spouse is the petitioner or affiant; and
(2) a statement that the surviving spouse is aware that under K.S.A. 59-6a201 through 59-6a217, and amendments thereto, the surviving spouse may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death is:
(A) Included in the petition for letters of administration, the petition for probate of a will, the petition for an order refusing to grant letters of administration or the affidavit pursuant to K.S.A. 59-618a, and amendments thereto; or
(B) included in an affidavit filed in the matter within 10 days after issuance of letters of administration, issuance of letters of testamentary, issuance of an order refusing to grant letters of administration or the filing of an affidavit pursuant to K.S.A. 59-618a, and amendments thereto.
History: L. 1939, ch. 180, § 209; L. 1951, ch. 335, § 2; L. 1972, ch. 215, § 13; L. 1975, ch. 299, § 18; L. 1976, ch. 242, § 34; L. 1981, ch. 228, § 5; L. 1994, ch. 132, § 20; L. 1996, ch. 53, § 7; L. 2006, ch. 52, § 1; 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.