Kansas Statutes Annotated

K.S.A. § 59-2401 (2026)

Appealable orders in cases involving decedents' estates, when; bond

✓ current as of May 2026

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59-2401. Appealable orders in cases involving decedents' estates, when; bond. (a) An appeal from a district magistrate judge to a district judge may be taken no later than 30 days from the date of entry of any of the following orders, judgments or decrees in any case involving a decedent's estate:

(1) An order admitting or refusing to admit a will to probate.

(2) An order finding or refusing to find that there is a valid consent to a will.

(3) An order appointing, refusing to appoint, removing or refusing to remove a fiduciary other than a special administrator.

(4) An order setting apart or refusing to set apart a homestead or other property, or making or refusing to make an allowance of exempt property to the spouse and minor children.

(5) An order determining, refusing to determine, transferring or refusing to transfer venue.

(6) An order allowing or disallowing a demand, in whole or in part, when the amount in controversy exceeds $10,000.

(7) An order authorizing, refusing to authorize, confirming or refusing to confirm the sale, lease or mortgage of real estate.

(8) An order directing or refusing to direct a conveyance or lease of real estate under contract.

(9) Judgments for waste.

(10) An order directing or refusing to direct the payment of a legacy or distributive share.

(11) An order allowing or refusing to allow an account of a fiduciary or any part thereof.

(12) A judgment or decree of partial or final distribution.

(13) An order compelling or refusing to compel a legatee or distributee to refund.

(14) An order compelling or refusing to compel payments or contributions of property required to satisfy the elective share of a surviving spouse pursuant to K.S.A. 59-6a201 et seq., and amendments thereto.

(15) An order directing or refusing to direct an allowance for the expenses of administration.

(16) An order vacating or refusing to vacate a previous appealable order, judgment, decree or decision.

(17) A decree determining or refusing to determine the heirs, devisees and legatees.

(18) An order adjudging a person in contempt pursuant to K.S.A. 59-6a201 et seq., and amendments thereto.

(19) An order finding or refusing to find that there is a valid settlement agreement.

(20) An order granting or denying final discharge of a fiduciary.

(21) Any other final order, decision or judgment in a proceeding involving a decedent's estate.

(b) An appeal from the district court to an appellate court taken pursuant to this section shall be taken in the manner provided by chapter 60 of the Kansas Statutes Annotated, and amendments thereto, for other civil cases.

(c) Pending the determination of an appeal pursuant to subsection (a) or (b), any order appealed from shall continue in force unless modified by temporary orders entered by the court hearing the appeal. The supersedeas bond provided for in K.S.A. 60-2103, and amendments thereto, shall not stay proceedings under an appeal from the district court to an appellate court.

(d) In an appeal taken pursuant to subsection (a) or (b), the court from which the appeal is taken may require an appropriate party, other than the state of Kansas, any subdivision thereof, and all cities and counties in this state, to file a bond in such sum and with such sureties as may be fixed and approved by the court to ensure that the appeal will be prosecuted without unnecessary delay and to ensure the payment of all judgments and any sums, damages and costs that may be adjudged against that party.

History: L. 1939, ch. 180, § 269; L. 1965, ch. 346, § 48; L. 1976, ch. 243, § 43; L. 1976, ch. 242, § 55; L. 1977, ch. 112, § 18; L. 1987, ch. 211, § 3; L. 2000, ch. 25, § 8; L. 2002, ch. 114, § 61; L. 2006, ch. 56, § 2; L. 2023, ch. 77, § 13; July 1.

Notes of Decisions

Cited in 30 cases (1 in the last 5 years), 1944–2022 · leading case: In Re the Est. of Butler, 343 P.3d 85 (Kan. 2015).

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In Re the Est. of Butler, 343 P.3d 85 (Kan. 2015). · cites it 8× “Subsection (b) made the civil code applicable to appeals from the district courts to the appellate courts in decedent’s estate cases.”

In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007). · cites it 6× “K.S.A. 59-2401, in applicable part, states: “(a) An appeal may be taken within 30 days from the date of entry of any of the following orders, judgments, decrees, and decisions: (6) An order authorizing, refusing to authorize, confirming or refusing to confirm the sale, lease or…”

Matter of Est. of Beason, 811 P.2d 848 (Kan. 1991). · cites it 6× “(See K.S.A. 1990 Supp. 59-2401[15]), which permits appeals from determinations that a person is or is not an heir, devisee, or legatee, although normally this determination would be made as a part of a K.”

In Re Est. of Zahradnik, 626 P.2d 1211 (Kan. Ct. App. 1981). · cites it 5× “After unification, the rules of appellate procedure set forth in 60-2103 became applicable to appeals in probate proceedings appealed under K.S.A. 1980 Supp. 59-2401(a). See In re Estate of Burns, 227 Kan.”

In Re the Est. of Kempkes, 603 P.2d 642 (Kan. Ct. App. 1979). · cites it 9× “The appeal was properly taken to a district judge. K.S.A. 59-2404; K.S.A. 1978 Supp. 20-302b(c); K.”

In Re the Est. of Phillips, 604 P.2d 747 (Kan. Ct. App. 1980). · cites it 4× “In essence, appellees contend that the memorandum decision does not fall within any of the enumerated categories of appealable orders set forth in the Kansas probate code at K.S.A. 1978 Supp. 59-2401. On the other hand, the widow argues that the decision is appeal-able under…”

In re T.S.W., 276 P.3d 133 (Kan. 2012). · cites it 2× “*431 In its “Response [to Show Cause Order] and Motion to Dismiss Appeal,” the Agency argued this appeal should be dismissed for lack of jurisdiction because the Tribe did not appeal the termination of Father’s parental rights and because the court’s decision regarding placement…”

In re the Est. of Butler, 307 P.3d 262 (Kan. Ct. App. 2013). · cites it 17× “Except for an amendment made at the time of court unification in Kansas in 1965, K.S.A. 59-2401 had not been substantially *341 amended by the legislature since its enactment in 1939.”

In Re the Est. of Kern, 716 P.2d 528 (Kan. 1986). · cites it 4× “The trial court fixed the amount of the appeal bond, pursuant to K.S.A. 59-2401(b), by order entered November 5 and filed November 9, 1984.”

Condemnation of Land for State High. Purposes v. Stranger Valley Land Co., 123 P.3d 731 (Kan. 2005). · cites it 2× “A third case cited in Legg, In re Duncan, involved K.S.A. 1980 Supp. 59-2401, which in suSpart (a) required an appeal to be filed within 30 days of the entry of an appealable order, judgment, decree, or decision in a case filed under the probate code.”

Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006). · cites it 3× “60-2102(a)(2) (appeal may be taken as of right from order granting injunction); K.S.A. 2004 Supp. 59-2401(a)(2) (appeal may be taken from order removing fiduciary other than special administrator); and K.”

In Re Est. of Burns, 608 P.2d 942 (Kan. 1980). · cites it 4× “K.S.A. 1979 Supp. 59-2401 in pertinent part appears as follows: “(a) An appeal may be taken within thirty (30) days from the date of entry of any of the following orders, judgments, decrees and decisions: “(5) An order allowing, or disallowing, a demand in whole or in part when…”

Show all 30 citing cases →

— K.S.A. § 59-2401(10) — 2 cases

In Re the Conservatorship of Holman, 849 P.2d 140 (Kan. Ct. App. 1993).

Winter v. Hope, 861 P.2d 1282 (Kan. 1993).

— K.S.A. § 59-2401(3) — 1 case

In Re the Est. of Harrison, 967 P.2d 1091 (Kan. Ct. App. 1998).

— K.S.A. § 59-2401(a) — 6 cases

In Re Est. of Zahradnik, 626 P.2d 1211 (Kan. Ct. App. 1981). “After unification, the rules of appellate procedure set forth in 60-2103 became applicable to appeals in probate proceedings appealed under K.S.A. 1980 Supp. 59-2401(a). See In re Estate of Burns, 227 Kan.”

In re the Guardianship of Sokol, 189 P.3d 526 (Kan. Ct. App. 2008).

In re the Est. of Butler, 307 P.3d 262 (Kan. Ct. App. 2013). “Except for an amendment made at the time of court unification in Kansas in 1965, K.S.A. 59-2401 had not been substantially *341 amended by the legislature since its enactment in 1939.”

In Re Est. of Burns, 608 P.2d 942 (Kan. 1980). “K.S.A. 1979 Supp. 59-2401 in pertinent part appears as follows: “(a) An appeal may be taken within thirty (30) days from the date of entry of any of the following orders, judgments, decrees and decisions: “(5) An order allowing, or disallowing, a demand in whole or in part when…”

In Re the Est. of Kempkes, 603 P.2d 642 (Kan. Ct. App. 1979). “The appeal was properly taken to a district judge. K.S.A. 59-2404; K.S.A. 1978 Supp. 20-302b(c); K.”

— K.S.A. § 59-2401(a)(1) — 1 case

In Re the Est. of Phillips, 604 P.2d 747 (Kan. Ct. App. 1980). “In essence, appellees contend that the memorandum decision does not fall within any of the enumerated categories of appealable orders set forth in the Kansas probate code at K.S.A. 1978 Supp. 59-2401. On the other hand, the widow argues that the decision is appeal-able under…”

— K.S.A. § 59-2401(a)(10) — 1 case

In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996).

— K.S.A. § 59-2401(a)(2) — 2 cases

Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006). “60-2102(a)(2) (appeal may be taken as of right from order granting injunction); K.S.A. 2004 Supp. 59-2401(a)(2) (appeal may be taken from order removing fiduciary other than special administrator); and K.”

In Re the Est. of Harrison, 967 P.2d 1091 (Kan. Ct. App. 1998).

— K.S.A. § 59-2401(a)(21) — 1 case

In Re the Est. of Butler, 343 P.3d 85 (Kan. 2015). “Subsection (b) made the civil code applicable to appeals from the district courts to the appellate courts in decedent’s estate cases.”

— K.S.A. § 59-2401(a)(24) — 3 cases

In Re the Adoption of A.A.T., 210 P.3d 640 (Kan. Ct. App. 2006).

In re the Est. of Winslow, 906 P.2d 182 (Kan. Ct. App. 1995).

— K.S.A. § 59-2401(a)(3) — 1 case

In Re the Adoption of A.A.T., 210 P.3d 640 (Kan. Ct. App. 2006).

— K.S.A. § 59-2401(a)(6) — 1 case

In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007). “K.S.A. 59-2401, in applicable part, states: “(a) An appeal may be taken within 30 days from the date of entry of any of the following orders, judgments, decrees, and decisions: (6) An order authorizing, refusing to authorize, confirming or refusing to confirm the sale, lease or…”

— K.S.A. § 59-2401(a)(l) — 1 case

In Re Est. of Wells, Jr., 983 P.2d 279 (Kan. Ct. App. 1999).

— K.S.A. § 59-2401(b) — 7 cases

Matter of Est. of Beason, 811 P.2d 848 (Kan. 1991). “(See K.S.A. 1990 Supp. 59-2401[15]), which permits appeals from determinations that a person is or is not an heir, devisee, or legatee, although normally this determination would be made as a part of a K.”

In Re the Est. of Kern, 716 P.2d 528 (Kan. 1986). “The trial court fixed the amount of the appeal bond, pursuant to K.S.A. 59-2401(b), by order entered November 5 and filed November 9, 1984.”

Condemnation of Land for State High. Purposes v. Stranger Valley Land Co., 123 P.3d 731 (Kan. 2005). “A third case cited in Legg, In re Duncan, involved K.S.A. 1980 Supp. 59-2401, which in suSpart (a) required an appeal to be filed within 30 days of the entry of an appealable order, judgment, decree, or decision in a case filed under the probate code.”

In Re the Est. of Butler, 343 P.3d 85 (Kan. 2015). “Subsection (b) made the civil code applicable to appeals from the district courts to the appellate courts in decedent’s estate cases.”

— K.S.A. § 59-2401(c) — 6 cases

In re the Guardianship of Sokol, 189 P.3d 526 (Kan. Ct. App. 2008).

In Re the Est. of Kempkes, 603 P.2d 642 (Kan. Ct. App. 1979). “The appeal was properly taken to a district judge. K.S.A. 59-2404; K.S.A. 1978 Supp. 20-302b(c); K.”

— K.S.A. § 59-2401(fe) — 1 case

In Re the Est. of Kempkes, 603 P.2d 642 (Kan. Ct. App. 1979). “The appeal was properly taken to a district judge. K.S.A. 59-2404; K.S.A. 1978 Supp. 20-302b(c); K.”

— K.S.A. § 59-2401(h) — 1 case

In Re the Est. of Kempkes, 603 P.2d 642 (Kan. Ct. App. 1979). “The appeal was properly taken to a district judge. K.S.A. 59-2404; K.S.A. 1978 Supp. 20-302b(c); K.”

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