Kansas Statutes Annotated

K.S.A. § 59-1402 (2026)

Continuation of business

✓ current as of May 2026
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59-1402. Continuation of business. Upon a showing of advantage to the estate, the court, with or without notice, may authorize the personal representative to continue and operate any business of a decedent for the benefit of the decedent's estate, under such conditions, restrictions, regulations and requirements and for such periods of time not exceeding six months for any one period as the court may determine. No debts incurred or contracts entered into shall involve the estate or the personal representative beyond the assets used in such business immediately prior to the death of the decedent.

History: L. 1939, ch. 180, § 100; L. 1949, ch. 312, § 1; L. 1965, ch. 346, § 12; L. 1976, ch. 244, § 1; L. 1985, ch. 191, § 21; July 1.

Notes of Decisions
Cited in 2 cases, 1996–2007 · leading case: In Re the Est. of Sauder, 156 P.3d 1204 (Kan. 2007).
In Re the Est. of Sauder, 156 P.3d 1204 (Kan. 2007). · cites it 4× “Second, die Estate failed to obtain approval from the probate court to continue the farming lease under K.S.A. 59-1402; and so the Estate lacks authority to enforce the leases.”
In re the Est. of Ostrander, 910 P.2d 865 (Kan. Ct. App. 1996). · cites it 3× “On the other hand, Cummings focuses on K.S.A. 59-1402, which provides that the court may authorize the personal representative to continue to operate the business for the benefit of the estate.”
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