59-1104. Bond may be excused; court may require at any time.

59-1104

Chapter 59.--PROBATE CODE
Article 11.--BONDS

      59-1104.   Bond may be excused; court may require at any time.Bonds otherwise required of every fiduciary under the provisions ofK.S.A. 59-1101 may be excused:

      (1)   When the will or trust agreement expressly waives a bond of anexecutor, conservator or trustee; or

      (2)   when all of the known heirs, if no will has been probated, or allthe devisees and legatees under a will which does not waive a bond filewith the court a written waiver of a bond; or

      (3)   by a duly appointed conservator, guardian ad litem or namedtrustee on behalf of his or her conservatee or cestui que trust orward unless the conservator or trustee is the fiduciary; or

      (4)   when the fiduciary is a bank having trust authority or a trustcompany organized and having its principal place of business within thestate of Kansas.

      On the application of any interested party, or on its own motion, thecourt may at any time require bond be given.

      History:   L. 1939, ch. 180, § 84; L. 1965, ch. 346, §9; L. 1975, ch. 299, § 6; Jan. 1, 1976.