59-1401.
Possession of property by executor or administrator; marshaling assets; duties prior to final distribution.
The executor or administrator shall: (a) Have a right to the possession of all the property of a resident decedent, except the homestead and allowances to the surviving spouse and minor children; (b) marshal all tangible personal property owned by a resident decedent located in the state of Kansas and all intangible personal property owned by a resident decedent wherever located, either directly or by ancillary administration; (c) take possession, within six months from the date of appointment, of all tangible personal property located in this state and all intangible property wherever located, to be held, administered and finally distributed as provided by law, but nothing herein shall require an executor or administrator of a resident decedent to take possession of intangible personal property being administered in another jurisdiction, if the court in which such administration is pending refuses to authorize delivery of possession; (d) pay the taxes and collect the rents and earnings on the property until the estate is settled or until delivered by order of the court to the heirs, devisees and legatees; and (e) keep in tenantable repair the buildings and fixtures under the executor's or administrator's control and may protect them by insurance. The executor or administrator, alone or with the heirs or devisees, may maintain an action for the possession of the real estate or to quiet title to it.
History:
L. 1939, ch. 180, § 99; L. 1957, ch. 321, § 2; L. 1967, ch. 314, § 10; L. 1972, ch. 215, § 9; L. 1985, ch. 191, § 20; July 1.
Notes of Decisions
Est. of Draper v. Bank of Am., N.A., 205 P.3d 698 (Kan. 2009).
· cites it 3× “59-1401 confers the power to marshal assets, stating: “The executor or administrator shall: (a) Have a right to the possession of all the property of a resident decedent, except the homestead and allowances to the surviving spouse and minor children; (b) marshal all tangible…”
Nelson v. Nelson, 205 P.3d 715 (Kan. 2009).
“See K.S.A. 59-1401 (imposing duty). Consistent with this distinction, in Estate of Draper, 288 Kan.”
Est. of Johnson v. Johnson, 452 P.2d 286 (Kan. 1969).
“K.S.A. 59-1401 provides the executor or administrator shall have a right to the possession of all property of the decedent except the homestead and allowances to the surviving spouse and minor children.”
Parker v. Farmway Credit Union, 718 P.2d 643 (Kan. Ct. App. 1986).
· cites it 2× “The court found no conflict between the administrator’s right to possession of the decedent’s property under K.S.A. 1985 Supp. 59-1401 and Farmway’s right to self-help repossession.”
In re the Est. of Area, 351 P.3d 663 (Kan. Ct. App. 2015).
“K.S.A. 59-1401 lists them: “Possession of property by executor or administrator; marshaling assets; duties prior to final distribution.”
Boldridge v. Est. of Keimig, 564 P.2d 497 (Kan. 1977).
“K.S.A. 59-1401, reads in part: “The executor or administrator shall have a right to the possession of all the property of a resident decedent, except the homestead and allowances to the surviving spouse and minor children.”
Young v. Wheeler, 676 P.2d 748 (Kan. 1984).
“K.S.A. 59-1401 provides: “The executor or administrator shall have a right to the possession of all the property of a resident decedent, except the homestead and allowances to the surviving spouse and minor children.”
In re the Est. of Petesch, 62 P.3d 674 (Kan. Ct. App. 2003).
“K.S.A. 59-1401. Decedent’s domestic animals were not included in the executor’s inventory and valuation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.