59-905. Duty of county attorney and attorney general. - Kansas Statutes

59-905

Chapter 59.--PROBATE CODE Article 9.--ESTATES OF INTESTATES WITHOUT HEIRS

      59-905.   Duty of county attorney and attorney general.The state shall be a party to all proceedings to which K.S.A.59-901 applies. The county attorney shall represent the state and shalldiligently protect and conserve the estate for the benefit of thestate, scrutinize all claims against the estate, and diligently defendagainst all such claims. Claimants shall have the burden of proving theirclaims by clear and convincing evidence. The attorney general may appearand assist the county attorney, or take charge thereof in lieu of thecounty attorney. The state may institute any proceedings deemed necessaryor proper in the handling of such estate, and defend any proceedingsinstituted by another. The attorney general may appoint such persons deemednecessary to investigate, protect, conserve, defend or handle such estate,and any such estate now pending or hereafter commenced in any court of thisstate shall be liable in a reasonable amount for all obligations andexpenses incurred by the county attorney or attorney general in protecting,conserving, investigating, defending or handling of such estate, and thesame shall be allowed by the district court as costs of administration uponapplication of the county attorney or attorney general and due proof.

      History:   L. 1939, ch. 180, § 75; L. 1973, ch. 231, §5; L. 1976, ch. 242, § 11; Jan. 10, 1977.