59-2209.
Notice by publication and mailing.
(a) When notice of hearing is required by any provision of this act by specific reference to this section, such notice shall be published once per week for three consecutive weeks in some newspaper of the county authorized by law to publish legal notices. The first publication shall be made within 30 days after the order fixing the time and place of the hearing and, within seven days after the first published notice, the petitioner shall mail or cause to be mailed, postage prepaid, a copy of the notice to each heir, devisee and legatee or guardian and ward, conservator and conservatee or guardian ad litem, as the case may be, other than the petitioner, whose name and address is known to the petitioner. A copy of the petition, any attachments to it and, when applicable, a copy of the will, accounting and settlement agreement shall be included with the notice, unless excused by court order. The date set for the hearing shall not be earlier than 10 days and not later than 30 days after the date of the last publication of notice.
(b) Whenever notice is mailed to a person residing in a foreign country, such notice shall be mailed by air mail.
History:
L. 1939, ch. 180, § 185; L. 1943, ch. 214, § 1; L. 1965, ch. 346, § 29; L. 1972, ch. 215, § 12; L. 1977, ch. 197, § 1; L. 1985, ch. 191, § 33; L. 2023, ch. 77, § 8; July 1.
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1947–2022 · leading case:
In Re the Est. of Barnes, 512 P.2d 387 (Kan. 1973).
In Re the Est. of Barnes, 512 P.2d 387 (Kan. 1973).
· cites it 9× “The probate court made an order fixing April 20, 1970, as the date for hearing the petition and directed that notice of the time and place of the hearing be given pursuant to K.S.A. 59-2209, as amended. Thereafter a notice of such hearing was duly published in a Trego county…”
In Re the Est. of Rickabaugh, 358 P.3d 859 (Kan. Ct. App. 2015).
· cites it 7× “in such manner and for such length of time as the court considers *915 reasonable”); K.S.A. 59-2209 (governing notice by publication and by mail to designated parties when ordered by court or required by statute and directing publication for 3 consecutive weeks beginning within…”
In Re the Est. of Clare, 357 P.3d 303 (Kan. Ct. App. 2015).
· cites it 8× “) • K.S.A. 59-2209: “The first publication shall be made within 10 days after the order fixing the time and place of the hearing.”
In Re the Est. of Suesz, 613 P.2d 947 (Kan. 1980).
“Notice of hearing was given pursuant to K.S.A. 1979 Supp. 59-2209 and the appellant, C.”
Salvation Army v. Est. of Pryor, 570 P.2d 1380 (Kan. Ct. App. 1977).
“The probate proceedings in the estate of John McClure in an adjoining county would not have imparted notice to the executor and heirs of Gussie McClure of the prior joint, mutual and contractual will. No one suggests and we do not find that a petitioner for probate, an executor,…”
In Re the Est. of Newland, 730 P.2d 351 (Kan. 1986).
““Notice of the hearing thereof shall be given pursuant to K.S.A. 59-2209.” (Emphasis added.) Appellant also cites K.”
In Re the Est. of Estes, 718 P.2d 298 (Kan. 1986).
“The notice of the hearing on admission of the will to probate is approved as made and the contingent beneficiaries under the will, the trustees, are entitled to the property pursuant to the intention of the testator. In addition, we note that the jointly owned property is…”
In Re Est. of Kreie, 679 P.2d 712 (Kan. 1984).
“That in the event it is necessary to invade the corpus of said trust, a Court order be obtained after notification to the remaindermen pursuant to the provisions of K.S.A. 59-2209, et seq., as amended, and a showing that the income from said properties is insufficient for the…”
In Re Est. of Seeger, 490 P.2d 407 (Kan. 1971).
“Proper notice of the time and place of the hearing was duly published and served upon the incompetent at Winfield, as sole heir of the decedent pursuant to K.S.A. 59-2209. On April 21, 1970, on Sullivan's petition, Lowell F.”
Garnand v. Garnand, 277 P.2d 602 (Kan. 1954).
· cites it 2× ““ ‘Analysis of that section clearly discloses that it was not the intent to permit the court to dispense entirely with hearing upon notice but merely to permit the court to direct the giving of notice in a different manner than that provided for in section 59-2209.’ In Re:…”
Hager v. Tarkowski, 402 P.2d 779 (Kan. 1965).
“1949, 59-2209 (now K.S.A. 59-2209). On June 11, 1962, counsel for petitioner filed his affidavit of the mailing of the notice of hearing to each of the seven legatees and devisees named in the decedent’s will, including the appellant.”
In Re Est. of Case, 299 P.2d 589 (Kan. 1956).
· cites it 2× “1949, 59-2222) specifies that when a petition for administration is filed notice of the hearing thereof shall be given pursuant to section 59-2209 unless the court shall make an order to the contrary and that when the state is a proper party the notice shall be served upon the…”
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