59-2235. Selection of homestead and allowances.
59-2235
59-2235. Selection of homestead and allowances.After the inventory and valuation have been filed, the surviving spouse,or in case there is none, the children, may petition the court to set apartthe homestead, and the personal property allowed in K.S.A.59-403. Such petition shall show the names, ages, and relationship of theparties, a description of the homestead claimed and of the personalproperty selected, and the valuation of the personal property selectedunder subsection (2) of K.S.A. 59-403. The petition may be heardwith or without notice. Upon proof of the petition, the court shall setapart such homestead and personal property. The property so set apart shallbe delivered by the executor or administrator to the persons entitledthereto, and shall not be treated as assets in his or her custody, but thetitle of the homestead shall be included in the final decree ofdistribution.
History: L. 1939, ch. 180, § 211; L. 1972, ch. 215,§ 14; L. 1975, ch. 299, § 19; Jan. 1, 1976.