59-2401. Appealable orders in cases involving decedents' estates, when; bond.
59-2401
59-2401. Appealable orders in cases involvingdecedents' estates, when; bond.(a) An appeal from a district magistrate judge to a district judge maybe taken no later than 30 days from the date of entry ofany of the following orders, judgments or decrees in any caseinvolving a decedent's estate:
(1) An order admitting or refusing to admit a will to probate.
(2) An order finding or refusing to find that there is a valid consent toa will.
(3) An order appointing, refusing to appoint, removing or refusing toremove a fiduciary other than a special administrator.
(4) An order setting apart or refusing to set apart ahomestead or other property, or making or refusing to make an allowance ofexempt property to the spouse and minor children.
(5) An order determining, refusing to determine,transferring or refusing to transfer venue.
(6) An order allowing or disallowing a demand, in whole orin part, when the amount in controversy exceeds $5,000.
(7) An order authorizing, refusing to authorize, confirmingor refusing to confirm the sale, lease or mortgage of real estate.
(8) An order directing or refusing to direct a conveyance or leaseof real estate under contract.
(9) Judgments for waste.
(10) An order directing or refusing to direct the paymentof a legacy or distributive share.
(11) An order allowing or refusing to allow an account ofa fiduciary or any part thereof.
(12) A judgment or decree of partial or finaldistribution.
(13) An order compelling or refusing to compel a legateeor distributee to refund.
(14) An order compelling or refusing to compel payments or contributionsof propertyrequired to satisfy the elective share of a surviving spouse pursuant to K.S.A.59-6a201 et seq., and amendments thereto.
(15) An order directing or refusing to direct anallowance for the expenses of administration.
(16) An order vacating or refusing to vacate a previousappealable order, judgment, decree or decision.
(17) A decree determining or refusing to determine theheirs, devisees and legatees.
(18) An order adjudging a person in contempt pursuantto K.S.A. 59-6a201 et seq., and amendments thereto.
(19) An order finding or refusing to find that there is a validsettlement agreement.
(20) An order granting or denying final discharge of afiduciary.
(21) Any other final order, decision orjudgment in a proceeding involving a decedent'sestate.
(b) An appeal from the district court to an appellate court taken pursuantto this section shall be taken in the manner provided by chapter 60 of theKansas Statutes Annotated for other civil cases.
(c) Pending the determination of an appeal pursuant to section (a) or (b) ofthis section, any order appealed from shall continue in force unless modifiedby temporary orders entered by the court hearing the appeal. The supersedeasbond provided for in K.S.A. 60-2103, and amendments thereto, shall not stayproceedings under an appeal from the district court to an appellate court.
(d) In an appeal taken pursuant to section (a) or (b) of this section, thecourt from which the appeal is taken may require an appropriate party, otherthan the state of Kansas, any subdivision thereof, and all cities and countiesin this state, to file a bond in such sum and with such sureties as may befixed and approved by the court to ensure that the appeal will be prosecutedwithout unnecessary delay and to ensure the payment of all judgments and anysums, damages and costs that may be adjudged against that party.
History: L. 1939, ch. 180, § 269;L. 1965, ch. 346, § 48;L. 1976, ch. 243, § 43;L. 1976, ch. 242, § 55;L. 1977, ch. 112, § 18;L. 1987, ch. 211, § 3;L. 2000, ch. 25, § 8;L. 2002, ch. 114, § 61;L. 2006, ch. 56, § 2; July 1.