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

K.S.A. § 59-2201 (2026)

Pleading

✓ current as of May 2026
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59-2201. Pleading. Every application in a probate proceeding, unless made during a hearing or trial, shall be by petition signed and verified by or on behalf of the petitioner. No defect in form shall impair substantial rights; and no defect in the statement of jurisdictional facts actually existing shall invalidate any proceedings.

History: L. 1939, ch. 180, § 177; July 1.

Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1941–2021 · leading case: Vorhees v. Baltazar, 153 P.3d 1227 (Kan. 2007).
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Vorhees v. Baltazar, 153 P.3d 1227 (Kan. 2007). · cites it 6× “" On February 11, 2004, the day before the statute of limitations was to run, Vorhees filed a "Petition for Issuance of Letters of Administration" pursuant to K.S.A. 59-2201 et seq. in the Linn County District Court, incorrectly reciting that Baltazar had lived in Linn County in…”
Smith v. State, 918 So. 2d 141 (Ala. Crim. App. 2005). · cites it 2× “) "It must be conceded that this court, under early decisions, has held that an unverified petition filed pursuant to K.S.A. 59-2201 is subject to a motion to strike.”
In Re the Est. of Heiman, 241 P.3d 161 (Kan. Ct. App. 2010). “It does, however, bear the caption of the probate proceeding and is verified, as required under K.S.A. 59-2201. (There is no verification requirement for most papers filed under Chapter 60.”
In Re the Est. of Jones, 588 P.2d 960 (Kan. Ct. App. 1979). · cites it 4× “*64 Pertinent portions of the probate code are as follows: K.S.A. 59-2201: “Every application in a probate proceeding, unless made during a hearing or trial, shall be by petition signed and verified by or on behalf of the petitioner.”
In Re the Est. of Newland, 730 P.2d 351 (Kan. 1986). · cites it 2× “The bank cites K.S.A. 59-2201, which provides: “Every application in a probate proceeding, unless made during a hearing or trial, shall be by petition signed and verified by or on behalf of the petitioner.”
In Re the Est. of Rickabaugh, 358 P.3d 859 (Kan. Ct. App. 2015). · cites it 2× “K.S.A. 59-2201. In turn, a probate proceeding is “commenced .”
In re the Est. of Wolf, 112 P.3d 94 (Kan. 2005). “2d 373 (1968); see also K.S.A. 59-2201 (no defect in form to impair substantial rights).”
Reed v. Miller, 142 P.2d 824 (Kan. 1943). “1939 (sections 59-2201 and 59-2204, R. S. 1941) and by sections 198 and 199 of Ch.”
In re the Guardianship of Sokol, 189 P.3d 526 (Kan. Ct. App. 2008). “The verification of the petition pursuant to K.S.A. 59-2201 and amendments thereto shall constitute sufficient proof of tire statements made in the petition in the absence of written defenses or any appearance by an adverse party.”
In Re the Est. of Clare, 357 P.3d 303 (Kan. Ct. App. 2015). · cites it 5× “We Consider KS.A. 59-2201 We would be remiss in not discussing the interplay of K.”
Talbot v. Pearson, 82 P.3d 854 (Kan. Ct. App. 2004). “60-1628(a), although of obvious import and potentially fatal to a motion to modify custody where timely objection is made, is not jurisdictional in nature and cannot void the proceedings in district court when waived by failure of timely objection. We note that the requirement…”
In Re the Est. of Leavey, 202 P.3d 99 (Kan. Ct. App. 2009). “59-2213, which states: “The verification of the petition pursuant to K.S.A. 59-2201 and amendments thereto shall constitute sufficient proof of the statements made in the petition in the absence of written defenses or any appearance by an adverse party.”
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