59-3304. Orders of court if informal administration appropriate; bond. - Kansas Statutes

59-3304

Chapter 59.--PROBATE CODE Article 33.--INFORMAL ADMINISTRATION ACT

      59-3304.   Orders of court if informal administration appropriate; bond.(a) Whenever the court finds that an estate can becompletely administered under the Kansas informal administration act:

      (1)   The court shall makethe following orders:

      (A)   For informal administration of the estate; and

      (B)   assigning, with sufficient particularity to allow their transfer,all assets of the estate, remaining after payment of any family allowances,debts and expenses, to the proper legatees and devisees, if there is aninstrument admitted to probate as decedent's last will and testament; tothe proper heirs, if pursuant to the law of descent and distribution; orto the proper persons entitled thereto, if pursuant to a valid settlement agreement.

      (2)   The court may make any of thefollowing orders, if applicable:

      (A)   For family allowances pursuant to K.S.A. 59-403and amendments thereto;

      (B)   for the payment of all unpaid debts, in order of their preference,and all expenses of the informal administration;

      (C)   designating specific moneys of the estate to be used for payment ofthe debts and expenses of informal administration and designating the personauthorized to pay them;

      (D)   for release of the nominated fiduciary, if any, from allresponsibility and liability;

      (E)   admitting to probate the decedent's last will and testament, upon proper proof; or

      (F)   the giving of bond, if appropriate.

      (b) (1)   The person ordered to pay debts and expenses of informaladministration under subsection (a)(2)(C), unless excused by a testamentaryinstrument, shall file a bond with sufficient sureties in an amount equalto not less than 125% of the amount of money authorized to be used forpayment of the debts and expenses of informal administration under subsection (a)(2)(C).

      (2)   If distribution of the estate, under subsection (a)(1)(B), is orderedbefore six months from the date of death or before any statute of nonclaimshas run, any distributee who receives any property pursuant to that ordershall give a redelivery bond with sufficient sureties in the amount of thevalue of the property assigned to that distributee.

      (3)   Bonds shall run for a period of time beginning with the date of thecourt's order and continuing until the running of any statute of nonclaims.The bonds shall be for the benefit of the heirs, devisees, legatees,trustees, creditors and nominated fiduciary, if any.

      History:   L. 1985, ch. 191, § 4; July 1.