59-705.
To whom administration granted.
Administration of the estate of a person dying intestate shall be granted to one or more of the persons hereinafter mentioned, suitable and competent to discharge the trust, and in the following order:
(1) The surviving spouse or next of kin, or both, as the court may determine, or some person or persons selected by them or any of them.
(2) If all such persons are incompetent or unsuitable, or do not accept, administration may be granted to one or more of the creditors, or to a nominee or nominees thereof.
(3) Whenever the court determines that it is for the best interests of the estate and all persons interested therein, administration may be granted to any other person, whether interested in the estate or not.
History:
L. 1939, ch. 180, § 62; July 1.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1947–2021 · leading case:
Vorhees v. Baltazar, 153 P.3d 1227 (Kan. 2007).
Vorhees v. Baltazar, 153 P.3d 1227 (Kan. 2007).
· cites it 2× “59-1701 (concerning appointment of banks, savings and loans associations, or other corporations to act as fiduciary); K.S.A. 59-705 (listing persons to whom administration may be granted).”
In Re Est. of Seeger, 490 P.2d 407 (Kan. 1971).
“Did the district court err in appointing the petitioner's attorney as administrator because of an alleged conflict of interest? With respect to the first question, the appellants rely heavily on K.S.A. 59-705 which reads: "Administration of the estate of a person dying intestate…”
Bever v. Yount, 176 P.2d 574 (Kan. 1947).
· cites it 2× “Section 59-705, G. S. 1945 Supp., provides: “Administration of the estate of a person dying intestate shall be granted to one or more of the persons hereinafter mentioned, suitable and competent to discharge the trust, and in the following order: (1) The surviving spouse or next…”
In re Est. of Sauceda (Kan. Ct. App. 2021).
· cites it 2× “" Robert points out in his brief that the "next of kin" of the decedent has priority over a creditor in administering an estate under K.S.A. 59-705. He also indicates that he "is willing to accept and is suitable under law to serve as administrator" of Beatrice's estate.”
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