Kansas Statutes 59-2233. Notice to surviving spouse
(a) Upon the appointment and qualification of any administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to Kan. Stat. Ann. § 59-618a, and amendments thereto, the administrator, executor, petitioner or affiant shall forthwith mail a copy of the will, if any, together with a notice statement to the surviving spouse stating: “Under Kan. Stat. Ann. §§ 59-6a201 through 59-6a217, and amendments thereto, you may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death.” Such notice shall be mailed within 10 days of the qualification of the administrator or executor, the filing of a petition for an order refusing to grant letters of administration or the filing of an affidavit pursuant to Kan. Stat. Ann. § 59-618a, and amendments thereto. Proof shall be by affidavit filed with the court.
(b) The mailing requirement of subsection (a) may be waived if:
Terms Used In Kansas Statutes 59-2233
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Decedent: A deceased person.
- Executor: includes an administrator where the subject matter applies to an administrator. See Kansas Statutes 77-201
- Executor: A male person named in a will to carry out the decedent
- Probate: Proving a will
- Property: includes personal and real property. See Kansas Statutes 77-201
(1) The surviving spouse is the petitioner or affiant; and
(2) a statement that the surviving spouse is aware that under Kan. Stat. Ann. §§ 59-6a201 through 59-6a217, and amendments thereto, the surviving spouse may have a right to take a share of property owned by the decedent at death, in whole or in part, and of transfers of property made by the decedent prior to death is:
(A) Included in the petition for letters of administration, the petition for probate of a will, the petition for an order refusing to grant letters of administration or the affidavit pursuant to Kan. Stat. Ann. § 59-618a, and amendments thereto; or
(B) included in an affidavit filed in the matter within 10 days after issuance of letters of administration, issuance of letters of testamentary, issuance of an order refusing to grant letters of administration or the filing of an affidavit pursuant to Kan. Stat. Ann. § 59-618a, and amendments thereto.