59-3206. Objections to continuing administration as simplified estate; procedure; change to supervised administration. - Kansas Statutes

59-3206

Chapter 59.--PROBATE CODE Article 32.--SIMPLIFIED ESTATES ACT

      59-3206.   Objections to continuing administration as simplified estate;procedure; change to supervised administration.After letters testamentary or letters of administration have been issuedunder the Kansas simplified estates act, if:

      (a)   Any person having an interest in the estate files an objection tothe administration of the estate under the Kansas simplified estates actand states his or her reasons therefor, or

      (b)   the executor or administrator files a statement alleging that theestate cannot be administered advantageously under the act, the issue ofcontinuing administration under the Kansas simplified estates act shall beheard by the court, after notice has been given pursuant to K.S.A.59-2208.

      If the court finds that administration under the Kansas simplifiedestates act should be terminated, it shall so order and direct supervisedadministration.

      After the filing of the objection, but prior to the hearing thereon, thecourt, on its own motion, or on application of a person interested in theestate, may require the filing of a bond, and make orders with respect tothe estate, as provided in the Kansas probate code.

      After a finding that supervised administration is necessary, letterstestamentary or letters of administration shall be issued and allproceedings shall be governed by the applicable parts of the Kansas probatecode, and letters issued under the Kansas simplified estates act shall berevoked.

      The change to supervised administration shall not: Require republicationof a notice to creditors which has been duly published; invalidate a properinventory and valuation previously filed; invalidate any action previouslytaken by, or prejudice the rights of, any person who has in good faithdealt with the executor or administrator in reliance on such executor's oradministrator's authority.

      History:   L. 1975, ch. 299, § 34; Jan. 1, 1976.