59-2402a. Request for transfer of certain matters from district magistrate judge to district judge. - Kansas Statutes

59-2402a

Chapter 59.--PROBATE CODE Article 24.--APPEALS AND TRANSFERS

      59-2402a.   Request for transfer of certain mattersfrom district magistrate judge todistrict judge.When a petition is filed in the district court anda district magistrate judge is assigned to hear such petition, anyinterested party may request the transfer of the matter to thechief judge for assignment to a district judge if thepetition is:

      (1)   To admit a will to probate;

      (2)   to determine venue or a transfer of venue;

      (3)   to allow any claim exceeding $5,000 in value;

      (4)   for the sale, lease or mortgage of real estate;

      (5)   for conveyance of real estate under contract;

      (6)   for payment of a legacy or distributive share;

      (7)   for partial or final distribution;

      (8)   for an order compelling a legatee or distributee to refund;

      (9)   for an order to determine heirs, devisees or legatees; or

      (10)   for an order which involves construction of a will or otherinstrument.

      When a request for such transfer is filed less than three daysprior to the commencement of the hearing, the court shall assess thecosts occasioned by the subpoena and attendance of witnesses against theparty seeking the transfer. Such request may be included in anypetition, answer or other pleading, or may be filed as a separatepetition, and shall include an allegation that a bona fide controversyexists and that the transfer is not sought for the purpose of vexationor delay. Notice of such request shall be given as ordered by the court.

      History:   L. 1945, ch. 237, § 1; L. 1951, ch. 345, § 1; L. 1976,ch. 242, § 57; L. 1977, ch. 112, § 20;L. 1986, ch. 115, § 85;L. 1999, ch. 57, § 49;L. 2006, ch. 56, § 3; July 1.