Kansas Statutes Annotated

K.S.A. § 59-2202 (2026)

Contents of petition

✓ current as of May 2026

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59-2202. Contents of petition. Every petition in a probate proceeding shall state: (1) The name, residence, and address of the petitioner; (2) the interest of the petitioner and his or her right to apply to the court; (3) the jurisdictional facts; (4) the facts, in ordinary and concise language, showing that the petitioner is entitled to the relief sought; and (5) a prayer for relief.

History: L. 1939, ch. 180, § 178; July 1.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1941–2021 · leading case: In re the Est. of Wolf, 96 P.3d 1110 (Kan. Ct. App. 2004).

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In re the Est. of Wolf, 96 P.3d 1110 (Kan. Ct. App. 2004). · cites it 4× “” Petitions filed in probate cases must: (1) identify the petitioner and his or her interest in applying for relief; (2) state the jurisdictional facts; (3) include the facts, in ordinary and concise language, showing that the petitioner is entitled to the relief sought; and (4)…”

In re the Est. of Wolf, 112 P.3d 94 (Kan. 2005). · cites it 3× “In his dissent, Judge Malone reasoned that M&W’s petition substantially complied with K.S.A. 59-2202 and put Nancy on notice of the contingent claim for attorney fees.”

Roberts v. Setty, 119 P.2d 539 (Kan. 1941). · cites it 2× “The demand as filed did not meet the requirements of section 59-2202, but it did give the administrator notice of the nature of the claim and the amount alleged to be due the claimant from the estate, and we agree with the trial court that it stated a cause of action in terms…”

Osborn v. Cassity, 208 P.2d 257 (Kan. 1949). · cites it 2× “Section 59-2202 recites the essential requirements of petitions generally; and section 59-2220 deals specifically, and separately, with the contents of a petition for probate of a will.”

In re Est. of Sauceda (Kan. Ct. App. 2021). · cites it 3× “59-2202 provides: "Every petition in a probate proceeding shall state: (1) The name, residence, and address of the petitioner; (2) the interest of the petitioner and his or her right to apply to the court; (3) the jurisdictional facts; (4) the facts, in ordinary and concise…”

In Re the Adoption of Baby Boy L., 643 P.2d 168 (Kan. 1982). “That the application to intervene was not filed within twenty (20) days as required by the Indian Child Welfare Act, 25 USC 1911, nor was the application verified as required by K.S.A. 59-2202. “4. That the Indian Child Welfare Act of 1978, 25 USC Section 1901 , et seq.”

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