Kansas Statutes Annotated

K.S.A. § 59-2402a (2026)

Request for transfer of certain matters from district magistrate judge to district judge

✓ current as of May 2026

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59-2402a. Request for transfer of certain matters from district magistrate judge to district judge. (a) When a petition is filed in the district court and a district magistrate judge is assigned to hear such petition, any interested party may request the transfer of the matter to the chief judge for assignment to a district judge if the petition is:

(1) To admit a will to probate;

(2) to determine venue or a transfer of venue;

(3) to allow any claim exceeding $10,000 in value;

(4) for the sale, lease or mortgage of real estate;

(5) for conveyance of real estate under contract;

(6) for payment of a legacy or distributive share;

(7) for partial or final distribution;

(8) for an order compelling a legatee or distributee to refund;

(9) for an order to determine heirs, devisees or legatees; or

(10) for an order which involves construction of a will or other instrument.

(b) When a request for such transfer is filed less than three days prior to the commencement of the hearing, the court shall assess the costs occasioned by the subpoena and attendance of witnesses against the party seeking the transfer. Such request may be included in any petition, answer or other pleading, or may be filed as a separate petition, and shall include an allegation that a bona fide controversy exists and that the transfer is not sought for the purpose of vexation or delay. Notice of such request shall be given as ordered by the court.

History: L. 1945, ch. 237, § 1; L. 1951, ch. 345, § 1; L. 1976, ch. 242, § 57; L. 1977, ch. 112, § 20; L. 1986, ch. 115, § 85; L. 1999, ch. 57, § 49; L. 2006, ch. 56, § 3; L. 2023, ch. 77, § 14; July 1.

Notes of Decisions

Cited in 6 cases, 1955–1979 · leading case: In Re the Est. of Wernet, 596 P.2d 137 (Kan. 1979).

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In Re the Est. of Wernet, 596 P.2d 137 (Kan. 1979). · cites it 2× “Following his appointment he filed a petition for construction of the will and other relief which was transferred to district court under K.S.A. 59-2402a, since repealed. In view of the conflicting positions of the parties on appeal and the issues raised thereby, the last will…”

In Re the Est. of Coleman, 584 P.2d 1255 (Kan. Ct. App. 1978). “It was transferred to the district court pursuant to K.S.A. 1977 Supp. 59-2402a. At that hearing the district court was asked to construe the residuary clause to determine which of five parties was entitled to receive the residue of Dr.”

In Re Est. of Hannah, 529 P.2d 154 (Kan. 1974). “The petition was originally presented to the Probate Court of Sedgwick County, Kansas, but was transferred to this Court pursuant to K.S.A. 59-2402a upon the petition of the respondents, Lorena Alice Clark and Robert D.”

In Re Est. of Showers, 485 P.2d 299 (Kan. 1971). “" We entertain no doubt that a guardian ad litem is a fiduciary within the meaning of this statute. Neither do we question the authority of the district court, hearing this matter on a transfer from probate court under K.”

Prater v. Poirier, 134 F. Supp. 499 (D. Kan. 1955). · cites it 3× “They are shown in the General Statutes of Kansas for 1949 as Sections 59-2402a and 59-2402b. Section 59-2402a, supra, was amended in 1951, 6 to provide as pertinent here: “When a petition shall be filed in the probate court * * * (3) to allow any claim exceeding $500 in value; *…”

Roberts v. Coffey, Adm'r, 426 P.2d 30 (Kan. 1967). “Upon the order of the probate court, the case was transferred to the district court for trial pursuant to K.S.A. 59-2402a and b. Issues were formed by appropriate pleadings and the case was tried by the district court which made findings of fact and conclusions of law.”

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.