Kansas Statutes Annotated

K.S.A. § 59-2225 (2026)

Hearing on will in opposition

✓ current as of May 2026

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59-2225. Hearing on will in opposition. If, after a petition for the probate of a will has been filed, another instrument in writing purporting to be the last will or codicil shall be presented, proceedings shall be had for the probate thereof and thereupon the hearing on the petition theretofore filed shall be adjourned to the time fixed for the hearing of the subsequent petition. At such time proof shall be had upon all of such wills, codicils, and all matters pertaining thereto, and the court shall determine which of such instruments, if any, should be allowed as the last will.

History: L. 1939. ch. 180, § 201; July 1.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1994–2024 · leading case: In re Est. of Mather (Kan. Ct. App. 2024).

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In re Est. of Mather (Kan. Ct. App. 2024). · cites it 5× “In addition, the district court found that it did not have the authority to declare the Second Codicil void because no one had requested that the district court admit it to probate under K.S.A. 59-2225. Thereafter, Royceann filed a timely notice of appeal from the district…”

In re the Est. of Kasper, 887 P.2d 702 (Kan. Ct. App. 1994). “The envelope containing the copy of the will bears an imposing caption of, quote, legal documents, closed quote, which is capable of misleading one concerning the contents.”

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