History: L. 1939, ch. 180, § 1; July 1.
(1) "District court" means judge of the district court when that meaning is necessary to effectuate the general purpose of the provisions of the Kansas probate code.
(2) "Personal representative" includes executors, administrators, administrators with the will annexed, administrators de bonis non, conservators and guardians.
(3) "Fiduciary" includes personal representatives, trustees and surviving partners administering their trusts.
(4) "Person," as applied to fiduciaries, includes banks and other corporations authorized by law to act in a fiduciary capacity in this state.
(5) "Simplified administration" means administration under the Kansas simplified estates act contained in K.S.A. 59-3201 through 59-3206, and amendments thereto.
(6) "Supervised administration" means administration by a personal representative under the Kansas probate code, exclusive of the Kansas simplified estates act, the Kansas informal administration act or refusal to grant letters of administrative procedures.
(7) "Informal administration" means administration under the Kansas informal administration act.
(8) "Valid settlement agreement" means a written and acknowledged instrument which affects the administration or distribution of the estate and which is entered into by all interested heirs, devisees, legatees and persons whose interests are affected by the settlement agreement, all of whom must be competent or authorized to enter into such agreement.
(9) The masculine gender includes the feminine.
(10) The singular number includes the plural.
History: L. 1939, ch. 180, § 2; L. 1965, ch. 346, § 1; L. 1975, ch. 299, § 1; L. 1976, ch. 242, § 1; L. 1985, ch. 191, § 7; L. 1997, ch. 32, § 1; July 1.
(1) To admit last wills and testaments to probate.
(2) To grant and revoke letters testamentary and of administration.
(3) To direct and control the official acts of executors and administrators, to settle their accounts, and to order the distribution of estates.
(4) To administer partnership estates as provided in this act.
(5) To determine the heirs, devisees, and legatees of decedents.
(6) To appoint and remove guardians and conservators for minors, voluntary conservatees and incapacitated persons, to make all necessary orders relating to their estates, to direct and control the official acts of such guardians and conservators and to settle their accounts.
(7) To supervise the administration of trusts and powers created by wills admitted to probate, and trusts and powers created by written instruments other than by wills in favor of persons subject to conservatorship; to appoint and remove trustees for such trusts, to make all necessary orders relating to such trust estates, to direct and control the official acts of such trustees, and to settle their accounts.
(8) To appoint and remove trustees of estates of convicts imprisoned in a correctional institution under sentence of imprisonment for life, to make all necessary orders relating to their estates, to direct and control the official acts of such trustees, and to settle their accounts.
(9) To hold hearings respecting mentally ill persons, and to order their referral for treatment.
(b) Every petition to commence an action pursuant to chapter 59 shall state, immediately below the clause showing the name of the court, parties and case docket number, the following: "Petition pursuant to chapter 59 of the Kansas Statutes Annotated."
History: L. 1977, ch. 112, § 17; L. 1982, ch. 234, § 1; L. 1990, ch. 309, § 35; May 24.
(A) On and after July 1, 2009 through
June 30, 2013:
Treatment of mentally ill................. $59.00
Treatment of alcoholism or drug abuse................. 36.50
Determination of descent of property................. 51.50
Termination of life estate................. 50.50
Termination of joint tenancy................. 50.50
Refusal to grant letters of administration................. 50.50
Adoption................. 50.50
Filing a will and affidavit under K.S.A. 59-618a................. 50.50
Guardianship................. 71.50
Conservatorship................. 71.50
Trusteeship................. 71.50
Combined guardianship and conservatorship................. 71.50
Certified probate proceedings under K.S.A. 59-213, and amendments thereto................. 25.50
Decrees in probate from another state................. 110.50
Probate of an estate or of a will................. 111.50
Civil commitment under K.S.A. 59-29a01 et seq.................. 35.50
(B) On and after July 1, 2013:
Treatment of mentally ill................. 34.50
Treatment of alcoholism or drug abuse................. 34.50
Determination of descent of property................. 49.50
Termination of life estate................. 48.50
Termination of joint tenancy................. 48.50
Refusal to grant letters of administration................. 48.50
Adoption................. 48.50
Filing a will and affidavit under K.S.A. 59-618a................. 48.50
Guardianship................. 69.50
Conservatorship................. 69.50
Trusteeship................. 69.50
Combined guardianship and conservatorship................. 69.50
Certified probate proceedings under K.S.A. 59-213, and amendments thereto................. 23.50
Decrees in probate from another state................. 108.50
Probate of an estate or of a will................. 109.50
Civil commitment under K.S.A. 59-29a01 et seq.................. 33.50
(2) Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2009 through June 30, 2010, the supreme court may impose an additional charge, not to exceed $10 per docket fee, to fund the costs of non-judicial personnel.
(b) Poverty affidavit in lieu of docket fee and exemptions. The provisions of subsection (b) of K.S.A. 60-2001 and K.S.A. 60-2005, and amendments thereto, shall apply to probate docket fees prescribed by this section.
(c) Disposition of docket fee. Statutory charges for the law library and for the prosecuting attorneys' training fund shall be paid from the docket fee. The remainder of the docket fee shall be paid to the state treasurer in accordance with K.S.A. 20-362, and amendments thereto.
(d) Additional court costs. Other fees and expenses to be assessed as additional court costs shall be approved by the court, unless specifically fixed by statute. Other fees shall include, but not be limited to, witness fees, appraiser fees, fees for service of process outside the state, fees for depositions, transcripts and publication of legal notice, executor or administrator fees, attorney fees, court costs from other courts and any other fees and expenses required by statute. All additional court costs shall be taxed and billed against the parties or estate as directed by the court. No sheriff in this state shall charge any district court in this state a fee or mileage for serving any paper or process.
History: L. 1984, ch. 147, § 1; L. 1992, ch. 128, § 11; L. 1993, ch. 193, § 1; L. 1995, ch. 193, § 13; L. 1996, ch. 234, § 13; L. 2003, ch. 101, § 10; L. 2004, ch. 95, § 3; L. 2006, ch. 195, § 15; L. 2007, ch. 195, § 29; L. 2008, ch. 95, § 11; L. 2009, ch. 116, § 19; L. 2009, ch. 143, § 18; July 1.
History: L. 1984, ch. 147, § 1; L. 1992, ch. 128, § 11; L. 1993, ch. 193, § 1; L. 1995, ch. 193, § 13; L. 1996, ch. 234, § 13; L. 2003, ch. 101, § 10; L. 2004, ch. 95, § 3; L. 2006, ch. 215, § 10; Repealed, L. 2007, ch. 195, § 59; July 1.