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

K.S.A. § 59-2212 (2026)

Hearings and rules of evidence

✓ current as of May 2026
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59-2212. Hearings and rules of evidence. Trials and hearings in probate proceedings shall be by the court unless otherwise provided by law. The determination of any issue of fact or controverted matter on the hearing of any probate proceedings shall be in accordance with the rules of evidence provided for civil cases by the code of civil procedure, except as provided in the care and treatment act for mentally ill persons and the act for obtaining a guardian or conservator, or both.

History: L. 1939, ch. 180, § 188; L. 1965, ch. 346, § 30; L. 1986, ch. 211, § 34; L. 1996, ch. 167, § 55; April 18.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1949–2021 · leading case: In Re the Est. of Suesz, 613 P.2d 947 (Kan. 1980).
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In Re the Est. of Suesz, 613 P.2d 947 (Kan. 1980). · cites it 4× “He claims K.S.A. 59-2212, enacted in 1939, has been repealed by implication because the legislature abolished probate courts in 1976.”
In Re the Est. of Harrison, 967 P.2d 1091 (Kan. Ct. App. 1998). “K.S.A. 1997 Supp. 59-2212 provides that all trials and hearings in probate matters shall be by the court unless otherwise provided.”
In re Est. of Fechner, 432 P.3d 93 (Kan. Ct. App. 2018). “The district court in our case held that it had "no authority ... to order the requested genetic testing.”
Est. of Holder v. Jochems, 204 P.2d 777 (Kan. 1949). · cites it 2× “Section 59-2212 provides that “trials and hearings in probate proceedings shall be by the court unless otherwise provided by law.”
In Re the Est. of Dahlstrom, 992 P.2d 1256 (Kan. Ct. App. 1999). “59-103(a)(3); K.S.A. 1998 Supp. 59-2212. Further, it was necessary for judicial economy for petitioner to file her claim against the estate in the division of the district court that was handling the probate proceeding.”
In re Est. of Rickabaugh (Kan. 2017). “K.S.A. 59-2212. 6 Defects in statutory probate procedures do not invalidate any proceedings unless they affect the substantial rights of the parties.”
In re Est. of Lentz (Kan. Ct. App. 2021). “59-2212 provides, with an exception not relevant here, that "[t]he determination of any issue of fact or controverted matter on the hearing of any probate proceedings shall be in accordance with the rules of evidence provided for civil cases by the code of civil procedure.”
In re the Guardianship & Conservatorship of K.M.W., 777 P.2d 1274 (Kan. Ct. App. 1989). “K.S.A. 1988 Supp. 59-2212 provides that, at any probate hearing, the procedure on any issue of fact or controverted matter shall be as in other civil cases except if otherwise stated in the act for obtaining a guardian and conservator.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.