K.S.A. » Chapter 59
Kansas Statutes Annotated

K.S.A. § 59-616 (2026)

Probate essential

✓ current as of May 2026
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59-616. Probate essential. No will shall be effectual to pass real or personal property unless it shall have been duly admitted to probate.

History: L. 1939, ch. 180, § 52; July 1.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1977–2022 · leading case: In Re Est. of Pallister, 770 P.2d 494 (Kan. Ct. App. 1989).
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In Re Est. of Pallister, 770 P.2d 494 (Kan. Ct. App. 1989). · cites it 3× “K.S.A. 59-616. The document involved here is a joint, mutual, and contractual will.”
Curtis v. Freden, 585 P.2d 993 (Kan. 1978). “” K.S.A. 59-616 provides no will shall be effectual unless admitted to probate.”
Matter of Est. of Burcham, 811 P.2d 1208 (Kan. 1991). “The court stated that, under K.S.A. 59-616, no will can pass title unless it has been duly admitted to probate.”
Giefer v. Swenton, 928 P.2d 906 (Kan. Ct. App. 1996). “K.S.A. 59-616 provides: “No will shall be effectual to pass real or personal property unless it shall have been duly admitted to probate.”
Oglevie v. Stasser, 564 P.2d 563 (Kan. Ct. App. 1977). “Although not cited by counsel, we are not unmindful of K.”
In re Est. of Lessley, 506 P.3d 942 (Kan. Ct. App. 2022). · cites it 3× “" More importantly, K.S.A. 59-616 explicitly states: "No will shall be effectual to pass real or personal property unless it shall have been duly admitted to probate.”
In Re the Guardianship & Conservatorship of Slemp, 717 P.2d 519 (Kan. Ct. App. 1986). “Petitioner acknowledges that K.S.A. 59-616 mandates probate of a will to be effectual to pass real or personal property, but contends the absence of a similar position relative to the guardianship provisions of the statutes indicates that probate is unnecessary.”
In Re Olson, 39 B.R. 872 (Bankr. D. Kan. 1984). “” Since the will of Christina Younger was duly admitted to probate in the District Court of Trego County on January 9, 1981, that will was capable of passing a one-third interest in real property to Mona Olson.”
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