59-2702. Appointment of trustee. - Kansas Statutes

59-2702

Chapter 59.--PROBATE CODE Article 27.--ESTATES OF ABSENTEES

      59-2702.   Appointment of trustee.A trustee may be appointed for the estate of any such absentee toadminister the same until such time as he or she returns or is found to be dead inaccordance with the subsequent provisions hereof. A petition for theappointment of such trustee may be filed by any person. Venue for theproceedings thereon shall be in accordance with the laws applicable to theappointment of conservators for nonresident's proposed conservatees. Thepetition shall include:

      (1)   the name, age, and the last known residence of the absentee,

      (2)   the fact of the absentee's disappearance and all known circumstances pertainingthereto, including the date and place of his or her last known whereabouts,

      (3)   the names and addresses of his or her known next of kin and spouse, if any,

      (4)   the names and addresses of any other known persons who are likely tohear from the absentee, and

      (5)   the general nature and probable value of his or her real and personalproperty.

      Notice of the filing of the petition and of the hearing thereon shall begiven in accordance with K.S.A. 59-2209 to 59-2211, inclusive, and copiesthereof mailed to said next of kin, spouse if any, and the said otherpersons likely to hear from the absentee as shown by the petition. Upon thehearing the court shall appoint a trustee if satisfied of the truth of theallegations of the petition and that there is property of the absenteewithin the state subject to being lost or dissipated unless a trustee isappointed to manage and conserve the same.

      History:   L. 1963, ch. 301, § 2; L. 1965, ch.346, § 51; Jan. 1, 1966.