Kansas Statutes Annotated

K.S.A. § 59-102 (2026)

Definitions

✓ current as of May 2026

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59-102. Definitions. As used in the Kansas probate code, unless the context otherwise indicates:

(1) "District court" means judge of the district court when that meaning is necessary to effectuate the general purpose of the provisions of the Kansas probate code.

(2) "Personal representative" includes executors, administrators, administrators with the will annexed, administrators de bonis non, conservators and guardians.

(3) "Fiduciary" includes personal representatives, trustees and surviving partners administering their trusts.

(4) "Person," as applied to fiduciaries, includes banks and other corporations authorized by law to act in a fiduciary capacity in this state.

(5) "Simplified administration" means administration under the Kansas simplified estates act contained in K.S.A. 59-3201 through 59-3206, and amendments thereto.

(6) "Supervised administration" means administration by a personal representative under the Kansas probate code, exclusive of the Kansas simplified estates act, the Kansas informal administration act or refusal to grant letters of administrative procedures.

(7) "Informal administration" means administration under the Kansas informal administration act.

(8) "Valid settlement agreement" means a written and acknowledged instrument which affects the administration or distribution of the estate and which is entered into by all interested heirs, devisees, legatees and persons whose interests are affected by the settlement agreement, all of whom must be competent or authorized to enter into such agreement.

(9) The masculine gender includes the feminine.

(10) The singular number includes the plural.

History: L. 1939, ch. 180, § 2; L. 1965, ch. 346, § 1; L. 1975, ch. 299, § 1; L. 1976, ch. 242, § 1; L. 1985, ch. 191, § 7; L. 1997, ch. 32, § 1; July 1.

Notes of Decisions

Cited in 20 cases (3 in the last 5 years), 1963–2025 · leading case: Rector v. Tatham, 196 P.3d 364 (Kan. 2008).

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Rector v. Tatham, 196 P.3d 364 (Kan. 2008). · cites it 8× “59-2249(a) permitted only three ways to distribute a decedent’s estate: by will, by intestate succession, or by valid K.S.A. 59-102(8) settlement agreement. The January 31, 2003, agreement, in their view, did not meet the statutory requirements of a K.”

Bolton v. Souter, 872 P.2d 758 (Kan. Ct. App. 1993). · cites it 5× “1953): “[T]he word ‘fiduciary’ has a broad meaning and is not necessarily limited to the terms contained in probate section 59-102; it may, if occasion requires, be construed to include anyone appointed by, or under the control of, or accountable to the probate court, and either…”

Jones v. Garrett, 386 P.2d 194 (Kan. 1963). · cites it 2× “continuously, whether such absence is intended to be temporary or permanent; (C) a person who at the time of the accident or collision from which the action or proceeding against him arose was a resident of this state but who has subsequently thereto become a nonresident of this…”

Quinlan v. Leech, 623 P.2d 1365 (Kan. Ct. App. 1981). · cites it 2× “At present, probate proceedings are brought in the district court, K.S.A. 59-102, with venue determined under K.”

Hessenflow v. Hessenflow, 909 P.2d 662 (Kan. Ct. App. 1995). · cites it 2× “K.S.A. 59-102 reads in relevant part: “(2) ‘Personal representative’ includes executors, administrators, administrators with the will annexed, and administrators de bonis non, conservators and guardians.”

Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006). · cites it 2× “59-2401(a)(2) (appeal may be taken from order removing fiduciary other than special administrator); and K.S.A. 2004 Supp. 59-102(3) *27 (defining “fiduciary” to include trustee).”

Schmitendorf v. Taylor, 468 P.3d 796 (Kan. Ct. App. 2020). · cites it 4× “As authorized by K.S.A. 59-102(8), a family settlement agreement is "a written and acknowledged instrument which affects the administration or distribution of [an] estate and which is entered into by all interested heirs, devisees, legatees and persons whose interests are…”

In Re the Est. of Harrison, 967 P.2d 1091 (Kan. Ct. App. 1998). · cites it 3× “Seé K.S.A. 1997 Supp. 59-102(2) and (3). Scott and Kristi never appealed the court’s order appointing Cathryn administratrix.”

In re the Est. of Wise, 890 P.2d 744 (Kan. Ct. App. 1995). “” K.S.A. 59-102(8). A family settlement agreement must be submitted to and approved by the district court in order to obtain a decree of final settlement and an assignment of the real estate in accord with its provisions.”

Butts v. Lawrence, 919 P.2d 363 (Kan. Ct. App. 1996). “” K.S.A. 59-102(8); see In re Estate of Leathers, 19 Kan.”

In Re the Est. of Leathers, 876 P.2d 619 (Kan. Ct. App. 1994). “We reverse and remand for the following reasons: K.S.A. 1993 Supp. 59-102(8) defines a “valid settlement agreement” as “a written and acknowledged instrument which affects the administration or distribution of the estate and which is entered into by all heirs, devisees and…”

In re Est. of James (Kan. Ct. App. 2022). · cites it 14× “Katherine's counsel advised the trial court that the parties had written out bullet points of agreement, stating that "these bullet points are intended to be more fully developed in a valid settlement agreement pursuant to K.S.A. 59-102(8)." Katherine's counsel read into the…”

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— K.S.A. § 59-102(2) — 6 cases

Bolton v. Souter, 872 P.2d 758 (Kan. Ct. App. 1993). “1953): “[T]he word ‘fiduciary’ has a broad meaning and is not necessarily limited to the terms contained in probate section 59-102; it may, if occasion requires, be construed to include anyone appointed by, or under the control of, or accountable to the probate court, and either…”

In Re the Est. of Harrison, 967 P.2d 1091 (Kan. Ct. App. 1998). “Seé K.S.A. 1997 Supp. 59-102(2) and (3). Scott and Kristi never appealed the court’s order appointing Cathryn administratrix.”

In re the Est. of Hjersted, 135 P.3d 202 (Kan. Ct. App. 2006).

In re the Est. of Petesch, 62 P.3d 674 (Kan. Ct. App. 2003).

In re Est. of Mather (Kan. Ct. App. 2024).

— K.S.A. § 59-102(3) — 2 cases

Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006). “59-2401(a)(2) (appeal may be taken from order removing fiduciary other than special administrator); and K.S.A. 2004 Supp. 59-102(3) *27 (defining “fiduciary” to include trustee).”

— K.S.A. § 59-102(4) — 1 case

— K.S.A. § 59-102(8) — 9 cases

Rector v. Tatham, 196 P.3d 364 (Kan. 2008). “59-2249(a) permitted only three ways to distribute a decedent’s estate: by will, by intestate succession, or by valid K.S.A. 59-102(8) settlement agreement. The January 31, 2003, agreement, in their view, did not meet the statutory requirements of a K.”

Schmitendorf v. Taylor, 468 P.3d 796 (Kan. Ct. App. 2020). “As authorized by K.S.A. 59-102(8), a family settlement agreement is "a written and acknowledged instrument which affects the administration or distribution of [an] estate and which is entered into by all interested heirs, devisees, legatees and persons whose interests are…”

Hessenflow v. Hessenflow, 909 P.2d 662 (Kan. Ct. App. 1995). “K.S.A. 59-102 reads in relevant part: “(2) ‘Personal representative’ includes executors, administrators, administrators with the will annexed, and administrators de bonis non, conservators and guardians.”

Butts v. Lawrence, 919 P.2d 363 (Kan. Ct. App. 1996). “” K.S.A. 59-102(8); see In re Estate of Leathers, 19 Kan.”

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