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

K.S.A. § 59-2204 (2026)

Commencement of proceeding

✓ current as of May 2026
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59-2204. Commencement of proceeding. A probate proceeding may be commenced in the district court by filing a petition and causing it to be set for hearing. When a petition is filed, the court shall fix the time and place for the hearing on it. When a petition is filed for the appointment of a personal representative, the court may appoint the proposed personal representative or some other suitable person, with or without bond, to conserve the estate until a hearing is had and a personal representative is appointed.

History: L. 1939, ch. 180, § 180; L. 1976, ch. 242, § 30; L. 1985, ch. 191, § 30; July 1.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1942–2024 · leading case: In Re the Est. of Rickabaugh, 358 P.3d 859 (Kan. Ct. App. 2015).
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In Re the Est. of Rickabaugh, 358 P.3d 859 (Kan. Ct. App. 2015). · cites it 28× “Essentially, Everett argues that a petition to probate a will must satisfy the requirements of K.S.A. 59-2204 to be timely, and he says those requirements demand both the filing of the petition and a district court order confirming the hearing date for die petition.”
Vorhees v. Baltazar, 153 P.3d 1227 (Kan. 2007). · cites it 2× “) The expedited procedure contained in K.S.A. 59-2204 also fails to support Vorhees' argument: "A probate proceeding may be commenced in the district court by filing a petition and causing it to be set for hearing.”
In Re the Est. of Clare, 357 P.3d 303 (Kan. Ct. App. 2015). · cites it 24× “See K.S.A. 59-2204. We affirm. Facts Michael’s estate became the primary beneficiary of a $250,000 life insurance policy issued by American Family Life Insurance Company with Michael as the owner.”
In re the Est. of Thompson, 962 P.2d 564 (Kan. Ct. App. 1997). · cites it 4× “2d 824 (1943), remains the law of Kansas regarding the *322 timely commencement of a probate proceeding under K.S.A. 59-2204 and K.S.A. 59-617. We conclude that the answer is yes.”
In re the Est. of Wolf, 112 P.3d 94 (Kan. 2005). “See K.S.A. 59-2204; K.S.A. 2004 Supp. 59-2237(b).”
In re the Est. of Wolf, 96 P.3d 1110 (Kan. Ct. App. 2004). “See K.S.A. 59-2204; K.S.A. 2003 Supp. 59-2237(b).”
In Re the Est. of Jones, 588 P.2d 960 (Kan. Ct. App. 1979). · cites it 2× “” K.S.A. 59-2204: “A probate proceeding may be commenced in the district court by filing a petition and causing it to be set for hearing.”
In re Est. of Rickabaugh (Kan. Ct. App. 2015). · cites it 25× “The requirement in K.S.A. 59-2204 obligating a petitioner to cause a probate petition to be set for hearing does not include having the district court file a written order 1 stating the hearing date.”
In re Est. of Rickabaugh (Kan. 2017). · cites it 14× “Although K.S.A. 59-2204 requires that a petitioner in probate cause the matter to be set for a hearing, the statute does not define the means for setting down a hearing.”
In re Est. of Zimmerman (Kan. Ct. App. 2024). · cites it 12× “Following an objection to the will's admission from Troy's brother, the district court found that Troy's petition was untimely under K.S.A. 59-2204 because he did not cause the matter to be set for hearing until 29 months after the petition was filed.”
Norris v. Whittelsey, 131 P.2d 911 (Kan. 1942). · cites it 2× “” Section 59-2204: “A probate proceeding may be commenced in the probate court by filing a petition and causing it to be set for hearing.”
Osborn v. Cassity, 208 P.2d 257 (Kan. 1949). · cites it 2× “Section 59-2204, G. S. 1947 Supp., provides for the commencement of these various probate proceedings — and, for example, in Barrett v.”
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