59-2220.
Petition for probate of will.
A petition for the probate of a will, in addition to the requirements of a petition for administration, shall state: (a) The names, ages, residences and addresses of the devisees and legatees so far as known or can with reasonable diligence be ascertained; (b) the name, residence, and address of the person, if any, named as executor; and (c) the name and address of the scrivener of the will, if known or ascertainable with due diligence. The will shall accompany the petition if it can be produced. The petition may also state whether a surviving spouse has executed a consent to the will, in which event the consent shall accompany the petition if the consent can be produced. A petition for the probate of a lost or destroyed will shall contain a statement of the provisions of the will.
History:
L. 1939, ch. 180, § 196; L. 1972, ch. 215, § 22; L. 1981, ch. 228, § 1; July 1.
Notes of Decisions
Cited in
11
cases (
4 in the last 5 years), 1949–2024 · leading case:
Nelson v. Nelson
Nelson v. Nelson (2009)
kan
“No creditor shall have any claim against or hen upon the property of a decedent other than hens existing at the date of the decedent’s death, unless a petition is filed for the probate of the decedent’s will pursuant to K.”
Bertels v. Farm Bureau Property & Casualty Insurance Company (2024)
ca10
“No creditor shall have any claim against or lien upon the property of a decedent other than liens existing at the date of the decedent’s death, unless a petition is filed for the probate of the decedent’s will pursuant to K.S.A. 59-2220 and amendments thereto or for the…”
Hood v. Lawrence National Bank (1968)
kan
“Upon this state of the record, was the Harper family settlement agreement a valid defense to the probate of the will? A majority of the court is of the opinion it was not.”
In Re the Estate of Barnes (1973)
kan
“K.S.A. 1972 Supp. 59-2220 states that a petition for the probate of a will shall satisfy the statutory requirements of a petition for administration.”
In re the Estate of Rains (1991)
kan
“No creditor shall have any claim against or lien upon the property of a decedent other than liens existing at the date of the decedent’s death, unless a petition is filed for the probate of the decedent’s will pursuant to K.S.A. 59-2220 and amendments thereto or for the…”
Osborn v. Cassity (1949)
kan · cites it 2×
“Section 59-2202 recites the essential requirements of petitions generally; and section 59-2220 deals specifically, and separately, with the contents of a petition for probate of a will.”
In re Estate of Lessley (2022)
kanctapp · cites it 6×
“59-2220, Alma's April 2018 will did not need to be filed along with the petition for the probate of the will or within six months after Alma's death.”
U.S. Bank, N.A. v. Howie (2012)
kanctapp
“No creditor shall have any claim against or lien upon the property of a decedent other than liens existing at the date of the decedent’s death, unless a petition is filed for the probate of the decedent’s will pursuant to K.S.A. 59-2220 and amendments thereto or for the…”
In re Estate of Clare (2017)
kan
“In relevant part, it states: "No creditor shall have any claim against or lien upon the property of a decedent other than liens existing at the date of the decedent's death, unless a petition is filed for the probate of the decedent's will pursuant to K.S.A. 59-2220 and…”
In re Estate of Smith-Tindell (2022)
kanctapp
“Under K.S.A. 59-2220(a), a petition for the probate of a will must include the "names, ages, residences and addresses of the devisees and legatees so far as known or can with reasonable diligence be ascertained.”
Bertels v. Farm Bureau Property and Casualty Insurance Co. (2023)
ksd
“No creditor shall have any claim against or lien upon the property of a decedent other than liens existing at the date of the decedent’s death, unless a petition is filed for the probate of the decedent’s will pursuant to K.S.A. 59-2220 and amendments thereto or for the…”
— K.S.A. § 59-2220(a) — 1 case
In re Estate of Smith-Tindell (2022)
kanctapp
“Under K.S.A. 59-2220(a), a petition for the probate of a will must include the "names, ages, residences and addresses of the devisees and legatees so far as known or can with reasonable diligence be ascertained.”
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