59-2286. Institution of proceedings; notice, hearing, order and decree; time for appeal.
59-2286
59-2286. Institution of proceedings; notice, hearing, order and decree;time for appeal.(a) If a person who is alife tenant or jointtenant in real or personal property dies eithertestate or intestate, leaving noproperty or estate on which administration proceedings have been had orcommenced, any of the remaindermen having an interest in the real or personalpropertysubject to such life estate, any survivor of such joint tenancy or anyperson claiming any right, title or interest in such real or personalproperty by,through or under such remainderman or survivor may have the fact of thedeath of the life tenant or joint tenant and the fact of devolution oftitle to such real or personal property judiciallydetermined by filing a petition in thedistrict court of the county in which the real property or a part of itis situated, or of the county of the residence of the decedent, allegingthe facts of such life estate or joint tenancy; describing such realor personal property;alleging the death of such life tenant or joint tenant as the case may be;and setting forth the names and addresses, if known, of all of the heirsof the decedent, if intestate, or of thedecedent's heirs, devisees and legatees, iftestate, and of all other persons known by the petitioner to claim anyinterest in the real or personal property. The petitionshall be sworn to by the petitioner, thepetitioner's agentor attorney.
(b) Upon the filing of such petition, the court shall enter an orderfixingthe date and hour for hearing it, which date shall be not less than10 days from the date of entry of the order.
(c) Notice of hearing in all proceedings commenced pursuant to thissectionin which real property is to be assigned by the court shall be givenpursuant to K.S.A. 59-2209 and amendments thereto. In all other cases,notice shall be given or waived as provided by K.S.A. 59-2208 and amendmentsthereto.
(d) Upon hearing of such petition, the court shall hear theevidence and proof of the death. Upon proof that any and all stateinheritance taxes owing and due have been paid, for decedents dying beforeJuly 1, 1998, the court shall enter anorder and decree determining the following facts: (1) Thedeath of thelife tenant or joint tenant, as the case may be; (2) thetermination of thelife estate or joint tenancy in real or personal property, asthe case may be; and(3) the fact of devolution of title to the real orpersonal property to the remaindermenhaving an interest in the real or personalproperty, or the survivor or survivors ofsuch joint tenancy, as the case may be. Upon entry, the orderor decree, unlessappealed as provided by law within 30 days from the date issued,shall be conclusive of the facts therein found as to all purchasers,encumbrancersor lienors of such real or personal propertyacquiring their titles, encumbrances or liensin good faith, relying upon the decree.
History: L. 1951, ch. 346, § 1;L. 1965, ch. 351, §1;L. 1976, ch. 242, § 43;L. 1985, ch. 191, § 43;L. 2000, ch. 76, § 6; July 1.