Kansas Statutes

Chapter 59: Probate Code

Article 8: Estates Of Nonresidents

Statutes:

• 59-801:
• 59-802:
• 59-803: Innocent purchaser from heirs.
• 59-804: Estates of nonresident decedents; independent proceedings; laws applicable.
• 59-805: Estates of nonresident decedents; jurisdiction of courts.
• 59-806: Same; proceedings, procedures and substantive rights relating to property, laws applicable; matters not affected; descent of property; support and family allowances; distribution; proportionate distribution.
• 59-807: Same; testamentary designees; granting letters testamentary.
• 59-808: Estates of nonresident decedents; rights and duties of personal representative; payment of taxes.
• 59-809: Same; payment or delivery of intangible personal property to foreign representative, when.
• 59-810: Same; acting in fiduciary capacity by foreign corporation.
• 59-811: Same; severability.
• 59-812: Same; validation of certain proceedings.

• 59-801:

        History:   L. 1939, ch. 180, § 68; L. 1941, ch. 284, § 2; Repealed, L. 1967, ch. 314, § 13; July 1.

• 59-802:

        History:   L. 1939, ch. 180, § 69; L. 1941, ch. 284, § 3; Repealed, L. 1967, ch. 314, § 13; July 1.

• 59-803: Innocent purchaser from heirs. The title of any purchaser in good faith, without knowledge of a will, to any real estate situated in this state, derived from the heirs of any person not domiciled in this state at the time of the person's death, shall not be defeated by the production of the will of the decedent unless a petition for the probate of such will in this state is filed within six months from the death of the testator.

        History:   L. 1939, ch. 180, § 70; L. 1972, ch. 215, § 5; L. 1985, ch. 191, § 11; July 1.

• 59-804: Estates of nonresident decedents; independent proceedings; laws applicable. Administration proceedings and other procedures in this state with respect to property, tangible or intangible, of a nonresident decedent which is within the jurisdiction of this state are original proceedings or procedures conducted under the authority of this state solely, and are independent of and not ancillary to proceedings or procedures in any other state or country, and shall be had and conducted in this state as if the decedent were a resident, subject to and supplemented by the provisions in the following sections of this act [*].

        History:   L. 1967, ch. 314, § 1; July 1.

• 59-805: Estates of nonresident decedents; jurisdiction of courts. (a) The courts of this state have jurisdiction over all tangible and intangible property of a nonresident decedent having a situs in this state and intangible property embodied in insurance policies as authorized by subsection (b). For the purpose of such jurisdiction it is recognized as to other states and countries, and declared with respect to this state, that the situs of debts, rights and choses in action which are embodied in legal instruments such as stock certificates, bonds, negotiable instruments, insurance policies payable to an estate and other similar items is in that state or country in which such legal instruments are located, so that whatever state or country has jurisdiction of such instruments has, and of right ought to have, jurisdiction to administer upon or otherwise direct the disposition of the debts, rights and choses in action which they embody, or voluntarily relinquish such jurisdiction to other states and countries. For such purpose the situs of other debts, rights and choses in action is where the debtor is found.

        (b)   A person injured by a nonresident's tortious conduct in this state may petition the district court of this state for appointment of an administrator for the nonresident's estate if:

        (1)   The nonresident is deceased;

        (2)   pursuant to insurance coverage obtained on behalf of the nonresident, an insurer is wholly or partially liable for the tortious conduct of the nonresident; and

        (3)   either administration of the nonresident's estate has not been commenced in the decedent's state of residence, or if, such administration has been commenced, the injured person nevertheless would be denied relief because the probate laws of such state have provisions relating to the time for exhibiting demands against an estate, or other time related provisions, which have the effect of barring claims prior to the time claims would be barred by the applicable statute of limitations in this state.

        History:   L. 1967, ch. 314, § 2; L. 1980, ch. 166, § 5; July 1.

• 59-806: Same; proceedings, procedures and substantive rights relating to property, laws applicable; matters not affected; descent of property; support and family allowances; distribution; proportionate distribution. The law of this state respecting proceedings, procedures and substantive rights relating in any way to the property in this state of a nonresident decedent and its disposition, including by way of illustration, but not limited to, all matters relating to (i) the commencement and conduct of an administration, (ii) distributions during or at the conclusion of an administration, (iii) any trust created under the will of a nonresident decedent, shall apply as if the decedent had been a resident of this state, subject to the following: (a) Nothing in this act shall be deemed to affect:

        (1)   Methods of proving foreign wills or the admissibility of such wills to probate or to record. Authenticated copies of wills, proved outside of this state according to the laws in force in the place where proved, relative to any property in this state, may be admitted to probate and record in the district court of any county in this state where any part of such property may be situated; such authenticated copies so admitted and recorded shall have the same validity as wills proved in this state in conformity with the laws thereof; and upon such admission to probate the court shall determine whether administration in this state is necessary;

        (2)   The rights of a surviving spouse electing to accept or take against the will of a nonresident decedent, or the method of such election;

        (3)   The effect of divorce or the birth of a child as working or not working a revocation or partial revocation of the will of a nonresident;

        (4)   The effect of the contest in another jurisdiction of the will of a nonresident decedent upon its validity in Kansas;

        (5)   The applicability of any law in determining the validity of the execution of the will of a nonresident decedent;

        (6)   The determination of the ultimate burden of estate or inheritance taxes imposed by reason of the death of a nonresident decedent.

        (b)   Real estate situated in this state, owned by an intestate decedent who is a nonresident of this state at the time of death, shall pass by intestate succession in the same manner as though said decedent were a resident of this state at the time of said decedent's death. The personal property of such a decedent shall pass by intestate succession under the laws of the place of the decedent's residence at the time of death. Real property of a testate nonresident decedent may be devised and such decedent's personal property may be bequeathed by such decedent's last will if duly executed according to the laws of this state or of the state in which it was executed, or the state of testator's residence.

        (c)   Support and family allowances to surviving spouses and unmarried minor children are governed by the more liberal (to them) of the laws of the decedent's domicile and the laws of this state, but the court of this state in making such allowance and in ruling on applications for orders of refusal of letters of administration shall take into account any allowances which may be made in other jurisdictions and satisfied from property therein.

        (d)   Notwithstanding the requirement of this section that distribution during or at the conclusion of an administration shall be made as if the decedent were a resident, if the court finds that hardship to a creditor would result therefrom or that the best interests of all persons having an interest in the estate would be forwarded by making a distribution to a foreign personal representative, or that administration is not necessary in this state, the court may, in its discretion, order distribution to the extent it finds necessary to avoid hardship to creditors or to forward the best interest of all persons having an interest in the estate, or it may order that administration is not necessary in this state, in which event, the court may order distribution of the personal property of the decedent to a foreign personal representative and the real property of such decedent shall be assigned according to the terms of the will applicable thereto, or if the terms of the will are not applicable thereto, or if there is no will, such real property shall pass according to the laws of this state.

        (e)   If the aggregate of liabilities of the estate in all jurisdictions exceeds its aggregate assets, the court shall order distribution, as far as practicable, so that all the creditors of decedent's estate, here and elsewhere, may receive a share in proportion to their respective obligations, with regard being given to any preferential rights determined by the court. To this end, distribution to a foreign personal representative may be ordered if all creditors whose claims have been allowed in the administration in this state shall have received their just proportions that would be due to them if the whole of the estate of the decedent, wherever found, were divided among all creditors in proportion to their respective obligations, after applying Kansas law respecting preferences to different species of obligations, and if and to the extent that the court finds such preference to be equitable under all the circumstances of the particular case.

        History:   L. 1967, ch. 314, § 3; L. 1968, ch. 48, § 1; L. 1976, ch. 242, § 9; Jan. 10, 1977.

• 59-807: Same; testamentary designees; granting letters testamentary. (a) When the will of a nonresident decedent designates one or more individuals or a qualified corporation as executor, letters testamentary shall be granted to any or all of them as in estates of resident decedents. If such designated individual or corporation has not applied in this state for such letters, any interested person may apply for the issuance of letters testamentary and, after reasonable notice to such individual or qualified corporation of such application, the manner and nature of which is to be determined by the court, and after hearing thereon, and if such individual or corporation be found unsuitable, incompetent, or unqualified, or does not qualify within three (3) days after being found by the court to be entitled thereto, then the court may issue letters testamentary with will annexed to such other person, persons, or corporations as in this section provided.

        (b)   When the nonresident decedent dies intestate or dies testate and no letters testamentary are granted as in this section heretofore provided, then letters of administration, upon proper application by an interested person, may be granted to the following persons:

        (1)   To the husband or wife or to his or her nominee who is an individual or a qualified corporation of this state;

        (2)   To one or more individuals who are entitled to distribution of the estate, whom the court shall believe will best manage and preserve the estate, or to a nominee of one or more of those entitled to distribution of the estate. Such nominee shall be an individual or a qualified corporation of this state.

        (c)   If proper application by an interested person for the issuance of letters, either to the applicant or otherwise, has been made, and if the court believes that no one of the persons otherwise entitled under this section to have letters issued to him or her is a competent and suitable person, then the court may grant letters to some other person or to a qualified corporation of this state.

        History:   L. 1967, ch. 314, § 4; July 1.

• 59-808: Estates of nonresident decedents; rights and duties of personal representative; payment of taxes. (a) The personal representative of a nonresident decedent appointed by a court of this state is entitled to possession of all real and personal property of the decedent within the jurisdiction of this state and, subject to the laws of this state and the orders of such court, is entitled to all the rights the decedent had in that property.

        (b)   The personal representative shall:

        (1)   Marshal all the decedent's personal property and shall take possession of it, to be held, administered and finally distributed as provided by law;

        (2)   pay the taxes and collect the rents and earnings on the property until the estate is settled or until delivered by order of the court to the heirs, devisees and legatees; and

        (3)   keep in tenantable repair the buildings and fixtures under the personal representative's control and may protect them by insurance. The personal representative, alone or with the heirs or devisees, may maintain an action for the possession of the real estate or to quiet title to it. The persons and corporations obligated under (including issuers of) stocks, securities or other instruments such as those described in K.S.A. 59-805 and amendments thereto, and their agents, are prohibited from obstructing in any way such possession or the exercise of such rights by such personal representative. No estate tax or inheritance tax waiver or any other authority or permission of any other state may be required by such persons, corporations or their agents as a condition to the payment or delivery of any money or property due under such instruments or to the transfer, reregistration or reissuance of stock certificates or other securities as ordered by the court.

        (c)   The court shall not order distribution of any intangible personal property of the decedent, or the proceeds of its sale, to any legatee, devisee or heir of the decedent unless the estate and inheritance taxes attributable to such property, which are properly assessed or assessable by any other state, have been paid, tendered or provided for, and the court so finds and declares in its order of distribution.

        History:   L. 1967, ch. 314, § 5; L. 1985, ch. 191, § 12; L. 2000, ch. 76, § 1; July 1.

• 59-809: Same; payment or delivery of intangible personal property to foreign representative, when. Any person, firm or corporation upon whom no demand has been made by a personal representative or other person authorized by this state to collect a nonresident decedent's personal property may, at any time three (3) months or more after the grant of letters in another jurisdiction upon the estate of the decedent (or, lacking notice of any such grant of letters within three (3) months after his or her death, then three (3) months or more after his or her death), transfer, pay or deliver intangible personal property of the nonresident decedent to the foreign personal representative or, if none, to such other person as may be entitled thereto, and shall not be liable for the debts of or claims against the nonresident decedent or his or her estate by reason of having made such transfer, payment or delivery.

        History:   L. 1967, ch. 314, § 6; July 1.

• 59-810: Same; acting in fiduciary capacity by foreign corporation. Nothing in this act authorizes any "foreign corporation," as that term is defined in K.S.A. 59-1701, to act in any fiduciary capacity except as such foreign corporation is expressly permitted so to act by the provisions of K.S.A. 59-1701.

        History:   L. 1967, ch. 314, § 7; July 1.

• 59-811: Same; severability. If any word, phrase, clause, sentence, paragraph, subsection or section of this act be adjudged unconstitutional or void, such adjudication shall not affect the remainder of this act, and it is hereby declared to be the intention of the legislature that it would have enacted the remainder of this act with such word, phrase, clause, sentence, paragraph, subsection or section omitted.

        History:   L. 1967, ch. 314, § 8; July 1.

• 59-812: Same; validation of certain proceedings. All proceedings, procedures and determinations made, under the provisions of the act of which this act is amendatory are hereby ratified, validated and confirmed.

        History:   L. 1968, ch. 48, § 2; March 15.