K.S.A. § 59-704

Powers of executor before letters granted

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59-704. Powers of executor before letters granted. No executor named in a will shall, before letters testamentary are granted, have any power to dispose of any part of the estate of the testator, except to pay reasonable funeral expenses, nor to interfere in any manner with such estate, further than is necessary for its conservation.

History: L. 1939, ch. 180, § 61; July 1.

Notes of Decisions

Cited in 2 cases, 1977–1980 · leading case: In Re Estate of Petty

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In Re Estate of Petty (1980) kan · cites it 2× “Under the provisions of K.S.A. 59-704, the powers of a named executor before letters are granted are limited as follows: "59-704.”

Oglevie v. Stasser (1977) kanctapp “59-616); and that K.S.A. 59-704 denies an executor the power to dispose of any part of the estate except to pay funeral expenses until letters testamentary are granted.”

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