59-618a. Filing of certain wills in court; affidavit; admission to probate. - Kansas Statutes

59-618a

Chapter 59.--PROBATE CODE Article 6.--WILLS

      59-618a.   Filing of certain wills in court; affidavit; admission toprobate.(a) Any person possessing a decedent'swill may file in the district court of the county of the decedent's lastresidence thedecedent's will and an affidavit which complies with subsection (b) ifthe decedent's estate contains no realproperty and the value of the decedent's estate is less than the totalof all demands enumerated in K.S.A. 59-1301 and amendments thereto.

      (b)   An affidavit filed pursuant to this section shall state: (1) Thename, residence address and date and place of death of the decedent; (2) thenames,addresses and relationships of all the decedent'sheirs, legatees and deviseeswhich are known to the affiant after a diligent search and inquiry; (3)the name and address of any trustee of any trust established under thewill; (4) the property left by the decedent and its approximate valuation;(5) the approximate amount and nature of any demands enumerated in K.S.A.59-1301 and amendments thereto which were outstanding against thedecedent's estate upon the decedent's death; (6) that the will is beingfiled with the district court for the purposeof preserving it for record in the event that probate proceedingsare later required; and (7) that a copy of the affidavit and will hasbeen mailed to each heir, legatee and devisee named in the affidavit.

      (c)   Any will filed pursuant to this section within a period of sixmonths after the death of the testator may be admitted to probate aftersuch six-month period.

      History:   L. 1977, ch. 196, § 1; L. 1982, ch. 235, § 1; L. 1984,ch. 147, § 12;L. 1985, ch. 191, § 10;L. 1996, ch. 234, § 14; July 1.