59-710.
Special administrator; appointment; bond; duties.
For good cause shown a special administrator may be appointed pending the appointment of an executor or administrator, after the appointment of an executor or administrator without removing the executor or administrator or pursuant to subsection (2) of K.S.A. 59-2239 as amended by this act. The appointment may be for a specified time, to perform duties respecting specific property, or to perform particular acts. The duties of a special administrator shall be stated in the order of appointment. The special administrator may be required to give bond in such sum as the court shall direct. Such administrator shall make such reports as the court shall direct, and shall account to the court upon the termination of his or her authority.
History:
L. 1939, ch. 180, § 67; L. 1972, ch. 215, § 4; July 2.
Notes of Decisions
Cited in
10
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× “" K.S.A. 59-710, which establishes an expedited procedure for administrator appointment, also fails to suggest mere filing suffices: "For good cause shown a special administrator may be appointed pending the appointment of an executor or administrator, after the appointment of…”
Finley v. Est. of DeGrazio, 170 P.3d 407 (Kan. 2007).
“, K.S.A. 59-710 (expedited procedure). Because of her belief, she apparently therefore elected to withhold service on all defendants—even though there was never any concern expressed about an ability to obtain timely service on the three individual defendants.”
Edens v. Laubach, 838 F. Supp. 510 (D. Kan. 1993).
· cites it 2× “88 P 11 , plaintiff filed a motion to appoint a special administrator under K.S.A. 59-710, to pursue any claim which might exist against Bernard Laubach and Clinton Laubach for the proceeds of the insurance policies.”
Kent v. Chase, 563 P.2d 1103 (Kan. Ct. App. 1977).
· cites it 7× “Hicks, deceased, pursuant to the provisions of K.S.A. 1973 Supp. 59-710 and59-2239(2) [now K.”
Chalmers v. United States, 43 F.R.D. 286 (D. Kan. 1967).
“This Court believes that a denial of the motion would be contrary to the declaration contained in the Federal Rules of Civil Procedure directing that the rules “shall be construed to secure the just, speedy, and inexpensive determination of every action.”
Loop v. Mueller, 30 Neb. Ct. App. 300 (Neb. Ct. App. 2021).
“Kan. Stat. Ann. § 59-710 (2005). In its letters of appointment, the Kansas district court ordered the special administrator to perform a variety of spe- cific duties, including paying taxes that had come due on real estate owed by Lorine, maintaining certain insurance policies,…”
Gatewood v. Bosch, 581 P.2d 1198 (Kan. Ct. App. 1978).
“We need not decide whether the plaintiff’s petition to have the special administrator *479 appointed pursuant to K.S.A. 1975 Supp. 59-710 would satisfy the requirements of K.”
Widdowson v. Hergenreter, 360 P.2d 1069 (Kan. 1961).
· cites it 2× “It is implicit from a consideration of the entire code, and particularly section 59-710, that “for good cause shown” a special administrator may be appointed to “perform duties respecting specific *59 property, or to perform particular acts” before proceedings are commenced to…”
Bever v. Yount, 176 P.2d 574 (Kan. 1947).
· cites it 2× “We need not consider here the question of whether petitions, with hearing after notice, are required for appointment of a “special administrator” provided for in section 59-710, G. S. 1945 Supp., which provides for appointment of a special administrator “to perform duties…”
In re the Est. of Maxwell, 699 P.2d 573 (1985).
“While we agree with this basic premise, the court’s concern could have been adequately met by the appointment of a special administrator under K.S.A. 59-710, a suggestion made (if not very forcefully) by counsel for the Shriners’ Hospitals.”
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