Kan. R. Jud. Dist. 3.601

As amended through October 30, 2024
Rule 3.601 - Decedents' Estates
A. INVENTORY AND VALUATION

An inventory and valuation shall be filed within 30 days of issuance of letters testamentary or letters of administration. The inventory shall be filed within the required time even if all asset information may not be available. An inventory shall be supplemented when new asset information is discovered within 30 days of such discovery pursuant to K.S.A. 59-1203. If an amendment is required, petitioner shall file the proposed amended inventory along with a petition for authority to amend the inventory, order for hearing, notice as may be required and order granting authority to amend the inventory.

B. CREDITORS' DEMANDS

All creditor demands shall be presented within the later of:

(a) four (4) months from the date of the first publication of notice under K.S.A. 59-2236; or
(b) if the identity of the creditor is known or reasonably ascertainable, 30 days after actual notice was given to the creditor.
C. EXTENSION OF TIME FOR FINAL SETTLEMENT

The verified accounting, as required by K.S.A. 59-1502, shall be filed at the same time as the petition requesting an extension of time with notice given to all affected parties. Any approval of the extension shall require approval of the accounting before an extension is granted. Notice of the request for extension shall be given to all interested parties, except where written consent or waiver has been executed and filed.

D. NOTICE TO PROVIDERS OF MEDICAL ASSISTANCE

When a petition is filed for the probate of a will, for the determination that the consent of a spouse to a will is valid, for administration or for refusal to grant letters, notice shall be provided to the appropriate agency or department of any state having provided medical assistance under K.S.A. 39-309(e) to the decedent or a predeceased spouse of the decedent. A petition for final settlement shall contain a statement that neither the decedent nor a predeceased spouse of the decedent were paid medical assistance or in the event assistance under K.S.A. 39-709(e) was provided, that the state making the payment was duly notified of the filing of the petition.

E. NOTICE OF ELECTIVE SHARE

Written notice of elective share rights shall be provided to the surviving spouse by the administrator, executor, petitioner or attorney under K.S.A. 59-2233. When the surviving spouse is the administrator, executor, petitioner or applicant, the surviving spouse may acknowledge by a pleading or an affidavit that he or she is aware of the elective share rights.

Kan. R. Jud. Dist. 3.601

Adopted: 7/16/2008