Kansas Statutes Annotated
K.S.A. § 59-617 (2026)
Limitation on probate of written will
✓ current as of May 2026
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59-617. Limitation on probate of written will. No will of a testator who died while a resident of this state shall be effectual to pass property unless a petition is filed for the probate of such will within six months after the death of the testator, except as hereinafter provided.
History: L. 1939, ch. 180, § 53; L. 1943, ch. 213, § 1; L. 1972, ch. 215, § 1; L. 1985, ch. 191, § 8; July 1.
Notes of Decisions
Cited in 24
cases (2 in the last 5 years), 1943–2024 · leading case: In Re the Est. of Strader, 339 P.3d 769 (Kan. 2014).
In Re the Est. of Strader, 339 P.3d 769 (Kan. 2014). “: Per the general rule stated in K.S.A. 59-617, no will is effective unless a petition is filed for probate of the will within 6 months of the date of the testator’s death.”
In Re the Est. of Rickabaugh, 358 P.3d 859 (Kan. Ct. App. 2015). “As provided in K.S.A. 59-617, a will won’t be enforced if it is filed in the district court more than 6 months after its author has died.”
In re the Est. of Tracy, 140 P.3d 1045 (Kan. Ct. App. 2006). “K.S.A. 59-617 provides that property may not be passed under a will “unless a petition is filed for the probate of such will within six months after the death of a testator.”
In Re the Est. of Strader, 277 P.3d 1163 (Kan. Ct. App. 2012). “Roger and Regina filed a brief in support of Eric's petitions for probate and stay, whereas Janet filed a petition to deny admission of the will to probate under K.S.A. 59-617. At the evidentiary hearing on March 21, 2011, the district court took judicial notice of the original…”
In re Est. of Oroke, 445 P.3d 742 (Kan. 2019). “K.S.A. 59-617. This functions as a statute of limitations.”
In re the Est. of Thompson, 962 P.2d 564 (Kan. Ct. App. 1997). “The trial court refused to admit the will to probate, finding that the matter was not timely commenced within the statute of limitations period set out in K.S.A. 59-617. The sole issue on appeal is whether In re Estate of Reed, 157 Kan.”
In Re Est. of Pallister, 770 P.2d 494 (Kan. Ct. App. 1989). “Here, the testators did not breach the contractual portion of the will and there is no fraud or wrongdoing involved that can form the basis of a constructive trust.”
Curtis v. Freden, 585 P.2d 993 (Kan. 1978). “Finally, plaintiffs assert that as Dean had access to Blanche’s original will and did not offer it for probate, he should be barred from any interest in the estate under the provisions of K.S.A. 59-617, et seq. The case was tried to the court which found in favor of the…”
Reed v. Miller, 142 P.2d 824 (Kan. 1943). “1939, (sections 59-617 and 59-618, R. S. 1941) effective at the time of the filing of said petition provided that no will of a testator shall be effectual to pass property unless an application is made for the probate of such will within one year after the death of the testator…”
In Re the Est. of Forrester, 762 P.2d 198 (Kan. Ct. App. 1988). “K.S.A. 59-617, which was in effect when the testator died on April 2, 1985, provided: “No will of a testator who died while a resident of this state shall be effectual to pass property unless a petition is filed for the probate of such will within nine (9) months after the death…”
Peters v. Kansas Parole Bd., 915 P.2d 784 (Kan. Ct. App. 1996). “K.S.A. 1985 Supp. 59-617 became effective after the testator’s death but before the petition for probate had been filed.”
In Re the Est. of Brenner, 362 P.3d 30 (Kan. Ct. App. 2015). “K.S.A. 59-617 is a special statute of limitations requiring the filing of a petition to admit a will to probate within 6 months after a resident testator's death.”
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