59-2214.
Taxation of costs and security therefor; poverty affidavit.
In all probate proceedings relating to a decedent or conservatee, the court shall tax the costs thereof against the estate unless otherwise provided by this act, or unless it appears that it would be unjust and inequitable to do so, in which event the court shall tax such costs or any part thereof against such party as it appears to the court is just and equitable in the premises. In case of any contested demand or matters the court may, in its discretion, require the claimant to give security for costs, or in lieu thereof file a poverty affidavit as provided in the code of civil procedure. In all proceedings relating to a ward, the court shall tax the costs or any part thereof as it appears to the court is just and equitable.
History:
L. 1939, ch. 180, § 190; L. 1941, ch. 284, § 9; L. 1965, ch. 346, § 31; L. 1976, ch. 242, § 32; January 10, 1977.
Notes of Decisions
In re the Est. of Gardiner, 23 P.3d 902 (Kan. Ct. App. 2001).
· cites it 17× “Thus, the district court found that $40,000-worth of fees should be taxed as costs against the estate, pursuant to K.S.A. 59-2214. In the alternative, the court stated that, should the district court’s award be overturned, attorney fees may be awarded pursuant to K.”
In Re the Est. of Strader, 339 P.3d 769 (Kan. 2014).
· cites it 2× “” Accordingly, he argues it would be inequitable to award attorney fees out of the estate under K.S.A. 59-2214, which requires the district court to tax the costs of probate against the estate “unless it appears that it would be unjust and inequitable to do so.”
In Re the Est. of Kern, 716 P.2d 528 (Kan. 1986).
· cites it 2× “60-2007(b) or K.S.A. 59-2214. The former provides for the assessment of costs and fees "if the court finds that a party .”
In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007).
“Finally, K.S.A. 59-2214 relates to taxation of “costs” by the court and “costs” relate to the expenses of administering tihe estate but ordinarily means the fees and charges for the court filing fees, fees for service of process, and the like.”
Bertels v. Farm Bureau Prop. & Cas. Ins. Co., 123 F.4th 1068 (10th Cir. 2024).
“See K.S.A. § 59-2214 (“In all probate proceedings relating to a decedent or conservatee, the court shall tax the costs thereof against the estate unless otherwise provided by this act .”
In Re Est. of Showers, 485 P.2d 299 (Kan. 1971).
“K.S.A. 1970 Supp. 59-2214 provides in part that in all probate proceedings relating to a decedent, the court shall tax costs against the estate unless otherwise provided or unless it appears it would be unjust or inequitable to do so.”
In re Est. of James (Kan. Ct. App. 2021).
· cites it 4× “59-1504 or by Thomas or his attorneys under K.S.A. 59-2214. K.S.A. 59-2214 requires a district court to tax the costs of probate against the estate "unless it appears that it would be unjust and inequitable to do so, in which event the court shall tax such costs .”
In re Est. of James (Kan. Ct. App. 2022).
“59-1504, or in the alternative, under K.S.A. 59-2214. In her motion, Katherine maintains that she "responded to Thomas James' appeal in good faith and with just cause, and is entitled to an award of her fees and expenses, together with compensation for her services, pursuant to…”
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.