59-1401. Possession of property by executor or administrator; marshaling assets; duties prior to final distribution. - Kansas Statutes

59-1401

Chapter 59.--PROBATE CODE Article 14.--MANAGEMENT AND SALE OF ASSETS

      59-1401.   Possession of property by executor or administrator;marshaling assets; duties prior to final distribution.The executor or administrator shall: (a) Have a right to the possession ofall the property of a resident decedent, except the homestead andallowances to the surviving spouse and minor children; (b) marshal alltangible personal property owned by a resident decedent located in thestate of Kansas and all intangible personal property owned by a residentdecedent wherever located, either directly or by ancillary administration;(c) take possession, within six monthsfrom the date of appointment, ofall tangible personal property located in this state and all intangibleproperty wherever located, to be held, administered and finallydistributed as provided by law,but nothing hereinshall require an executor or administrator of a resident decedent to takepossession of intangible personal property being administered in anotherjurisdiction, if the court in which such administration is pending refusesto authorize delivery of possession; (d)pay the taxes andcollect the rents and earnings on the property until theestate is settled or untildelivered by order of the court to the heirs, devisees and legatees; and(e) keep in tenantable repair the buildings and fixturesunder the executor's or administrator'scontrol and may protect them by insurance. The executor or administrator,alone or withthe heirs or devisees, may maintain an action for the possession of the realestate or to quiet title to it.

      History:   L. 1939, ch. 180, § 99; L. 1957, ch. 321, § 2; L. 1967,ch. 314, § 10; L. 1972, ch. 215, § 9;L. 1985, ch. 191, § 20; July 1.