59-2249. Hearing and final decree; real estate; distributive share subject to order of garnishment. (a) On the hearing, unless otherwise ordered, the executor or administrator shall, and other persons may, be examined relative to the account and the distribution of the estate. If all the taxes payable by the estate have been paid so far as there are funds to pay them and the account is correct, it shall be settled and allowed. If the account is incorrect, it shall be corrected and then settled and allowed. Upon settlement and allowance, the court shall determine the heirs, devisees and legatees entitled to the estate and assign it to them by its decree, pursuant to the terms of the will, the laws of intestate succession in effect on the date of the decedent's death or a valid settlement agreement. The decree shall name the heirs, devisees and legatees; describe the property; and state the proportion or part thereof to which each is entitled. The decree shall be binding as to all the estate of the decedent, whether specifically described in the proceedings or not. In the estate of a testate decedent, no heirs need be named in the decree unless they have, as such, an interest in the estate.
(b) When the final decree includes real estate, such decree, or a certified copy of it, may be entered on the transfer record of the county clerk of the proper county. When any such decree which includes real estate shall become final, it shall be the duty of the court to transmit a certified copy of it to the county clerk and the county clerk shall enter it on the transfer record in the clerk's office.
(c) If any person entitled to receive a distributive share of an estate pursuant to a decree hereunder is the defendant in a garnishment action or proceeding in which the executor or administrator of the estate is the garnishee, the 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 the person until further order of the court from which the order of garnishment was issued.
History: L. 1939, ch. 180, § 225; L. 1949, ch. 314, § 1; L. 1972, ch. 222, § 16; L. 1976, ch. 242, § 39; L. 1985, ch. 191, § 39; L. 1989, ch. 174, § 2; L. 1990, ch. 198, § 3; L. 2000, ch. 76, § 4; L. 2010, ch. 44, § 22; 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.