59-2233. Notice to surviving spouse. - Kansas Statutes

59-2233

Chapter 59.--PROBATE CODE Article 22.--PROBATE PROCEDURE

      59-2233.   Notice to surviving spouse.(a) Upon the appointmentand qualification of any administrator or executor,the filing of a petition for an order refusing to grantletters of administration or the filing of an affidavit pursuant to K.S.A.59-618a, and amendments thereto, the administrator, executor,petitioner or affiantshall forthwith mail a copy of thewill, ifany,together with a noticestatement to the surviving spouse stating: "Under K.S.A.59-6a201 through59-6a217, and amendments thereto, you may have a right to take a share ofproperty owned by thedecedent at death, in whole or in part, and of transfers of property made bythe decedent prior to death."Such notice shall be mailed within 10 days of thequalification of the administrator or executor,the filing of a petition for an order refusing to grantletters 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 thecourt.

      (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. 59-6a201through 59-6a217, and amendments thereto, the surviving spouse may have a rightto take a share of property owned by the decedent at death, in whole or inpart, and of transfers of property made by the decedent prior to death is:

      (A)   Included in the petition for letters of administration, the petition forprobate of a will, the petition for an order refusing to grant letters ofadministration or the affidavit pursuant to K.S.A. 59-618a, and amendmentsthereto; or

      (B)   included in an affidavit filed in the matter within 10 days afterissuance of letters of administration, issuance of letters of testamentary,issuance of an order refusing to grant letters of administration or the filingof 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.