K.S.A. » Chapter 59
Kansas Statutes Annotated

K.S.A. § 59-103 (2026)

Application of chapter 59; form of petitions

✓ current as of May 2026
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59-103. Application of chapter 59; form of petitions. (a) Chapter 59 of the Kansas Statutes Annotated may be used:

(1) To admit last wills and testaments to probate.

(2) To grant and revoke letters testamentary and of administration.

(3) To direct and control the official acts of executors and administrators, to settle their accounts, and to order the distribution of estates.

(4) To administer partnership estates as provided in this act.

(5) To determine the heirs, devisees, and legatees of decedents.

(6) To appoint and remove guardians and conservators for minors, voluntary conservatees and incapacitated persons, to make all necessary orders relating to their estates, to direct and control the official acts of such guardians and conservators and to settle their accounts.

(7) To supervise the administration of trusts and powers created by wills admitted to probate, and trusts and powers created by written instruments other than by wills in favor of persons subject to conservatorship; to appoint and remove trustees for such trusts, to make all necessary orders relating to such trust estates, to direct and control the official acts of such trustees, and to settle their accounts.

(8) To appoint and remove trustees of estates of convicts imprisoned in a correctional institution under sentence of imprisonment for life, to make all necessary orders relating to their estates, to direct and control the official acts of such trustees, and to settle their accounts.

(9) To hold hearings respecting mentally ill persons, and to order their referral for treatment.

(b) Every petition to commence an action pursuant to chapter 59 shall state, immediately below the clause showing the name of the court, parties and case docket number, the following: "Petition pursuant to chapter 59 of the Kansas Statutes Annotated."

History: L. 1977, ch. 112, § 17; L. 1982, ch. 234, § 1; L. 1990, ch. 309, § 35; May 24.

Notes of Decisions
Cited in 6 cases, 1992–2013 · leading case: Martin v. Naik, 300 P.3d 625 (Kan. 2013).
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Martin v. Naik, 300 P.3d 625 (Kan. 2013). “K.S.A. 59-103(b). Indeed, in today’s world of probate-avoidance estate planning it is probably the exception, rather than the rule, for a surviving spouse to instigate formal probate administration proceedings that would result in the appointment of an executor or administrator.”
In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007). · cites it 2× “” *271 K.S.A. 59-103 identifies the authorized purposes of the Probate Code.”
In Re the Est. of Heiman, 241 P.3d 161 (Kan. Ct. App. 2010). “But the district court correctly noted that in K.S.A. 59-103, the Probate Code limits what may be decided using the procedures outlined in Chapter 59.”
Steele v. Guardianship & Conservatorship of Crist, 840 P.2d 1107 (Kan. 1992). “K.S.A. 1991 Supp. 59-103(6) provides the probate code may be used to “make all necessary *727 orders relating to [an incapacitated person’s estate], to direct and control the official acts of such guardians and conservators and to settle [the estate’s] accounts.”
In Re the Est. of Dahlstrom, 992 P.2d 1256 (Kan. Ct. App. 1999). “See K.S.A. 59-103(a)(3); K.S.A. 1998 Supp. 59-2212.”
In re the Est. of Steward, 79 P.3d 791 (Kan. Ct. App. 2003). “K.S.A. 59-103 provides, inter alia-. “(a) Chapter 59 of the Kansas Statutes Annotated may be used: (6) To appoint and remove guardians and conservators for minors, voluntary conservatees and incapacitated persons, to make all necessary orders relating to their estates, to direct…”
— K.S.A. § 59-103(6) — 1 case
Steele v. Guardianship & Conservatorship of Crist, 840 P.2d 1107 (Kan. 1992). “K.S.A. 1991 Supp. 59-103(6) provides the probate code may be used to “make all necessary *727 orders relating to [an incapacitated person’s estate], to direct and control the official acts of such guardians and conservators and to settle [the estate’s] accounts.”
— K.S.A. § 59-103(a)(3) — 2 cases
In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007). “” *271 K.S.A. 59-103 identifies the authorized purposes of the Probate Code.”
In Re the Est. of Dahlstrom, 992 P.2d 1256 (Kan. Ct. App. 1999). “See K.S.A. 59-103(a)(3); K.S.A. 1998 Supp. 59-2212.”
— K.S.A. § 59-103(b) — 1 case
Martin v. Naik, 300 P.3d 625 (Kan. 2013). “K.S.A. 59-103(b). Indeed, in today’s world of probate-avoidance estate planning it is probably the exception, rather than the rule, for a surviving spouse to instigate formal probate administration proceedings that would result in the appointment of an executor or administrator.”
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