59-2208.
Notice fixed by court; waiver.
When notice of any probate proceedings is required by law or deemed necessary by the court and the manner of giving it is not directed by law, the court shall order notice to be given to all persons interested, in such manner and for such length of time as the court considers reasonable. A copy of the petition, any attachments to it and, when applicable, a copy of the will, accounting and settlement agreement shall be served with the notice, unless excused by court order. Any required notice may be waived in writing by: Any competent person; any fiduciary; a trustee on behalf of the trustee and all beneficiaries of the trust; a conservator on behalf of the conservator and all the conservator's conservatees; a guardian on behalf of the guardian and all the guardian's wards; a guardian ad litem on behalf of the guardian ad litem and all those whom the guardian ad litem represents; or an attorney under the servicemembers civil relief act on behalf of an attorney appointed pursuant to that act and all those whom such attorney represents.
History:
L. 1939, ch. 180, § 184; L. 1975, ch. 299, § 13; L. 1985, ch. 191, § 32; L. 2005, ch. 45, § 2; July 1.
Notes of Decisions
In Re the Est. of Rickabaugh, 358 P.3d 859 (Kan. Ct. App. 2015).
· cites it 8× “K.S.A. 59-2208 (general notice provision requires that “the court shall order notice be given .”
In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994).
· cites it 2× “” The parties here agree that under K.S.A. 1993 Supp. 59-2208 a parent may waive notice.”
In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007).
“, and notice of the time and place of hearing was ordered to be given pursuant to K.S.A. 59-2208. An affidavit of mailing of the notice of hearing to all heirs is recorded on May 14, 2002, and the “Order Confirming Sale of Real Estate at Private Sale” was entered and recorded on…”
In Re the Est. of Clare, 357 P.3d 303 (Kan. Ct. App. 2015).
· cites it 6× “) • K.S.A. 59-2208: ‘When notice of any probate proceedings is required by law or deemed necessaiy by the court and the manner of giving it is not directed by law, the court shall order notice to be given to all persons interested.”
In re the Est. of Murdock, 884 P.2d 749 (Kan. Ct. App. 1994).
“Regardless of the issue and of the default of interested parties, proof is required before the proponent can carry the burden of proof.”
In Re Stremel, 660 P.2d 952 (Kan. 1983).
“*138 The petition of appellant was set for hearing and notice of the hearing was given to all interested parties pursuant to K.S.A. 59-2208. We are advised, and the record indicates, that the trial court did not hear any evidence as to the qualifications and capacities of either…”
In Re the Conservatorship of L.M.S., 755 P.2d 22 (Kan. Ct. App. 1988).
“59-3011 ended when he was appointed as conservator, and Pfalzgraf therefore had no standing to contest the orders approving his claims against the children’s estates.”
In re Est. of Rickabaugh (Kan. Ct. App. 2015).
· cites it 8× “K.S.A. 59-2208 (general notice provision requires that "the court shall order notice be given .”
In re Est. of Rickabaugh (Kan. 2017).
· cites it 3× “K.S.A. 59-2208 provides the means for giving notice of probate proceedings "in such manner and for such length of time as the court considers reasonable.”
Grove v. Grove, 148 P.2d 497 (Kan. 1944).
“Sections 59-2208 and 59-2209 are as follows: “When notice of any probate proceedings is required by law or deemed necessary by the court and the manner of giving the same shall not be directed by law, the court shall order notice to be given to all persons interested, in such…”
Mason v. Dome, 660 P.2d 952 (Kan. 1983).
“*138 The petition of appellant was set for hearing and notice of the hearing was given to all interested parties pursuant to K.S.A. 59-2208. We are advised, and the record indicates, that the trial court did not hear any evidence as to the qualifications and capacities of either…”
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