Kansas 2023-2024 Regular Session

Kansas House Bill HB2130 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Session of 2023
1	2		HOUSE BILL No. 2130
2		-	AN ACT concerning the Kansas probate code; permitting a copy of a will to be filed and
3		-	admitted to probate; increasing certain dollar amounts; relating to allowance to
4		-	spouse and minor children; supplemental elective share amount; transfers within two
5		-	years of death; homestead or homestead allowance; payment of benefits to certain
6		-	relatives; small estates affidavit for personal property; remission of court costs for
7		-	small estates; exhibition of demands and allowance without a hearing; refusal to
8		-	grant letters of administration; appealable orders and bond; requests for transfer from
9		-	magistrate to district judge; adjusting time requirements linked to notice by
10		-	publication and mailing; relating to hearing dates; sales at public auction; clarifying
11		-	how property held under a transfer-on-death deed is distributed when one beneficiary
12		-	predeceases the grantor; amending K.S.A. 59-6a202, 59-6a205, 59-1507a, 59-2209,
13		-	59-2215, 59-2237 and 59-2308 and K.S.A. 2022 Supp. 59-403, 59-618a, 59-6a215,
14		-	59-1507b, 59-2287, 59-2401, 59-2402a and 59-3504 and repealing the existing
15		-	sections.
	3	+	By Committee on Judiciary
	4	+	1-23
	5	+	AN ACT concerning the Kansas probate code; increasing certain dollar
	6	+	amounts; relating to allowance to spouse and minor children;
	7	+	supplemental elective share amount; transfers within two years of
	8	+	death; homestead or homestead allowance; payment of benefits to
	9	+	certain relatives; small estates affidavit for personal property; remission
	10	+	of court costs for small estates; exhibition of demands and allowance
	11	+	without a hearing; refusal to grant letters of administration; appealable
	12	+	orders and bond; requests for transfer from magistrate to district judge;
	13	+	amending K.S.A. 59-6a202, 59-6a205, 59-1507a, 59-2215 and 59-2237
	14	+	and K.S.A. 2022 Supp. 59-403, 59-6a215, 59-1507b, 59-2287, 59-2401
	15	+	and 59-2402a and repealing the existing sections.
16	16		Be it enacted by the Legislature of the State of Kansas:
17	17		Section 1. K.S.A. 2022 Supp. 59-403 is hereby amended to read as
18		-	follows: 59-403. When a resident of the state dies, testate or intestate,
19		-	the surviving spouse shall be allowed, for the benefit of such spouse
20		-	and the decedent's minor children during the period of their minority,
21		-	from the personal or real property of which the decedent was possessed
22		-	or to which the decedent was entitled at the time of death, the
23		-	following:
24		-	(a) The wearing apparel, family library, pictures, musical
25		-	instruments, furniture and household goods, utensils and implements
26		-	used in the home, one automobile, and provisions and fuel on hand
27		-	necessary for the support of the spouse and minor children for one year.
	18	+	follows: 59-403. When a resident of the state dies, testate or intestate, the
	19	+	surviving spouse shall be allowed, for the benefit of such spouse and the
	20	+	decedent's minor children during the period of their minority, from the
	21	+	personal or real property of which the decedent was possessed or to which
	22	+	the decedent was entitled at the time of death, the following:
	23	+	(a) The wearing apparel, family library, pictures, musical instruments,
	24	+	furniture and household goods, utensils and implements used in the home,
	25	+	one automobile, and provisions and fuel on hand necessary for the support
	26	+	of the spouse and minor children for one year.
28	27		(b) A reasonable allowance of not more than $50,000 $75,000 in
29	28		money or other personal or real property at its appraised value in full or
30	29		part payment thereof, with the exact amount of such allowance to be
31	30		determined and ordered by the court, after taking into account the
32	31		condition of the estate of the decedent.
33	32		The property shall not be liable for the payment of any of decedent's
34		-	debts or other demands against the decedent's estate, except liens
35		-	thereon existing at the time of the decedent's death. If there are no
36		-	minor children, the property shall belong to the spouse; if there are
37		-	minor children and no spouse, it shall belong to the minor children. The
38		-	selection shall be made by the spouse, if living, otherwise by the
39		-	guardian of the minor children. In case any of the decedent's minor
40		-	children are not living with the surviving spouse, the court may make
41		-	such division as the court deems equitable.
42		-	Sec. 2. K.S.A. 2022 Supp. 59-618a is hereby amended to read as
43		-	follows: 59-618a. (a) Any person possessing a decedent's will may file
44		-	in the district court of the county of the decedent's last residence the
45		-	decedent's will or a copy of such will and an affidavit which that
46		-	complies with subsection (b).
47		-	(b) (1) An affidavit filed pursuant to this section shall state:
48		-	(1)(A) The name, residence address and date and place of death of
49		-	the decedent;
50		-	(2)(B) the names, addresses and relationships of all the decedent's
51		-	heirs, legatees and devisees which are known to the affiant after a
52		-	diligent search and inquiry;
53		-	(3)(C) the name and address of any trustee of any trust established
54		-	under the will;
55		-	(4)(D) that the will is being filed with the district court for the
56		-	purpose of preserving it for record in the event that probate proceedings
57		-	are later required; and
58		-	(5)(E) that a copy of the affidavit and will has been mailed to each
59		-	heir, legatee and devisee named in the affidavit.
60		-	(2) An affidavit filed pursuant to this section on or after July 1,
61		-	2023, shall state whether the original will or a copy of such will is
62		-	being filed with the court.
63		-	(c) Any will or copy of a will filed pursuant to this section within
64		-	a period of six months after the death of the testator may be admitted to
65		-	probate after such six-month period.
66		-	Sec. 3. K.S.A. 59-6a202 is hereby amended to read as follows: 59-
67		-	6a202. (a) (1) The surviving spouse of a decedent who dies a resident HOUSE BILL No. 2130—page 2
68		-	of this state has a right of election, under the limitations and conditions
69		-	stated in this act, to take an elective-share amount equal to the value of
70		-	the elective-share percentage of the augmented estate, determined by
71		-	the length of time the spouse and the decedent were married to each
72		-	other, in accordance with the following schedule:
	33	+	debts or other demands against the decedent's estate, except liens thereon
	34	+	existing at the time of the decedent's death. If there are no minor children,
	35	+	the property shall belong to the spouse; if there are minor children and no
	36	+	spouse, it shall belong to the minor children. The selection shall be made
	37	+	by the spouse, if living, otherwise by the guardian of the minor children. In
	38	+	case any of the decedent's minor children are not living with the surviving
	39	+	spouse, the court may make such division as the court deems equitable.
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	75	+	36 HB 2130 2
	76	+	Sec. 2. K.S.A. 59-6a202 is hereby amended to read as follows: 59-
	77	+	6a202. (a) (1) The surviving spouse of a decedent who dies a resident of
	78	+	this state has a right of election, under the limitations and conditions stated
	79	+	in this act, to take an elective-share amount equal to the value of the
	80	+	elective-share percentage of the augmented estate, determined by the
	81	+	length of time the spouse and the decedent were married to each other, in
	82	+	accordance with the following schedule:
73	83		If the decedent and the spouse The elective-share
74	84		were married to each other: percentage is:
75		-	Less than 1 year Supplemental amount only
76		-	1 year but less than 2 years...................... 3% of the augmented estate
77		-	2 years but less than 3 years..................... 6% of the augmented estate
78		-	3 years but less than 4 years..................... 9% of the augmented estate
79		-	4 years but less than 5 years..................... 12% of the augmented estate
80		-	5 years but less than 6 years..................... 15% of the augmented estate
81		-	6 years but less than 7 years..................... 18% of the augmented estate
82		-	7 years but less than 8 years..................... 21% of the augmented estate
83		-	8 years but less than 9 years..................... 24% of the augmented estate
84		-	9 years but less than 10 years................... 27% of the augmented estate
85		-	10 years but less than 11 years................. 30% of the augmented estate
86		-	11 years but less than 12 years................. 34% of the augmented estate
87		-	12 years but less than 13 years................. 38% of the augmented estate
88		-	13 years but less than 14 years................. 42% of the augmented estate
89		-	14 years but less than 15 years................. 46% of the augmented estate
90		-	15 years or more....................................... 50% of the augmented estate
	85	+	Less than 1 year............................................. Supplemental amount only
	86	+	1 year but less than 2 years............................ 3% of the augmented estate
	87	+	2 years but less than 3 years.......................... 6% of the augmented estate
	88	+	3 years but less than 4 years.......................... 9% of the augmented estate
	89	+	4 years but less than 5 years.......................... 12% of the augmented estate
	90	+	5 years but less than 6 years.......................... 15% of the augmented estate
	91	+	6 years but less than 7 years.......................... 18% of the augmented estate
	92	+	7 years but less than 8 years.......................... 21% of the augmented estate
	93	+	8 years but less than 9 years.......................... 24% of the augmented estate
	94	+	9 years but less than 10 years........................ 27% of the augmented estate
	95	+	10 years but less than 11 years...................... 30% of the augmented estate
	96	+	11 years but less than 12 years...................... 34% of the augmented estate
	97	+	12 years but less than 13 years...................... 38% of the augmented estate
	98	+	13 years but less than 14 years...................... 42% of the augmented estate
	99	+	14 years but less than 15 years...................... 46% of the augmented estate
	100	+	15 years or more............................................ 50% of the augmented estate
91	101		(2) If the decedent and the surviving spouse were married to each
92	102		other more than once, all periods of marriage to each other are added
93		-	together for purposes of this subsection. Periods between marriages are
94		-	~~not~~ counted.
	103	+	together for purposes of this subsection. Periods between marriages are not
	104	+	counted.
95	105		(b) If the sum of the amounts described in K.S.A. 59-6a207,
96		-	subsection (a)(1) of K.S.A. and 59-6a209(a)(1), and amendments
97		-	thereto, and that part of the elective-share amount payable from the
98		-	decedent's probate estate and nonprobate transfers to others under
99		-	subsections (b) and (c) of K.S.A. 59-6a209(b) and (c), and
100		-	amendments thereto, is less than $50,000 $100,000, the surviving
101		-	spouse is entitled to a supplemental elective-share amount equal to
102		-	$50,000 $100,000, minus the sum of the amounts described in those
103		-	sections. The supplemental elective-share amount is payable from the
104		-	decedent's probate estate and from recipients of the decedent's
105		-	nonprobate transfers to others in the order of priority set forth in
106		-	subsections (b) and (c) of K.S.A. 59-6a209(b) and (c), and
	106	+	subsection (a)(1) of K.S.A. and 59-6a209(a)(1), and amendments thereto,
	107	+	and that part of the elective-share amount payable from the decedent's
	108	+	probate estate and nonprobate transfers to others under subsections (b) and
	109	+	(c) of K.S.A. 59-6a209(b) and (c), and amendments thereto, is less than
	110	+	$50,000 $100,000, the surviving spouse is entitled to a supplemental
	111	+	elective-share amount equal to $50,000 $100,000, minus the sum of the
	112	+	amounts described in those sections. The supplemental elective-share
	113	+	amount is payable from the decedent's probate estate and from recipients
	114	+	of the decedent's nonprobate transfers to others in the order of priority set
	115	+	forth in subsections (b) and (c) of K.S.A. 59-6a209(b) and (c), and
107	116		amendments thereto.
108		-	(c) If the right of election is exercised by or on behalf of the
109		-	surviving spouse, the surviving spouse's homestead allowance, and
110		-	family allowance, if any, are not charged against but are in addition to
111		-	the elective-share and supplemental elective-share amounts.
112		-	(d) The right, if any, of the surviving spouse of a decedent who
113		-	dies a nonresident of this state to take an elective share in property in
114		-	this state is governed by article 8 of chapter 59 of the Kansas Statutes
115		-	Annotated, and amendments thereto.
116		-	Sec. 4. K.S.A. 59-6a205 is hereby amended to read as follows: 59-
	117	+	(c) If the right of election is exercised by or on behalf of the surviving
	118	+	spouse, the surviving spouse's homestead allowance, and family
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	162	+	allowance, if any, are not charged against but are in addition to the
	163	+	elective-share and supplemental elective-share amounts.
	164	+	(d) The right, if any, of the surviving spouse of a decedent who dies a
	165	+	nonresident of this state to take an elective share in property in this state is
	166	+	governed by article 8 of chapter 59 of the Kansas Statutes Annotated, and
	167	+	amendments thereto.
	168	+	Sec. 3. K.S.A. 59-6a205 is hereby amended to read as follows: 59-
117	169		6a205. The value of the augmented estate includes the value of the
118		-	decedent's nonprobate transfers to others, not included under K.S.A.
119		-	~~59-~~6a204, and amendments thereto, of any of the following types, in
120		-	~~the~~ amount provided respectively for each type of transfer.:
	170	+	decedent's nonprobate transfers to others, not included under K.S.A. 59-
	171	+	6a204, and amendments thereto, of any of the following types, in the
	172	+	amount provided respectively for each type of transfer.:
121	173		(a) Property owned or owned in substance by the decedent
122	174		immediately before death that passed outside probate at the decedent's
123	175		death. Property included under this category consists of:
124	176		(1) Property over which the decedent alone, immediately before
125	177		death, held a presently exercisable general power of appointment. The
126	178		amount included is the value of the property subject to the power, to the
127	179		extent that such property passed at the decedent's death, by exercise,
128		-	release, lapse, in default, or otherwise, to or for the benefit of any
	180	+	release, lapse, in default, or otherwise, to or for the benefit of any person
	181	+	other than the decedent's estate or surviving spouse.
	182	+	(2) The decedent's fractional interest in property held by the decedent
	183	+	in joint tenancy with the right of survivorship. The amount included is the
	184	+	value of the decedent's fractional interest, to the extent that such fractional
	185	+	interest passed by right of survivorship at the decedent's death to the
	186	+	surviving joint tenant other than the decedent's surviving spouse.
	187	+	(3) The decedent's ownership interest in property or accounts passing
	188	+	to another upon decedent's death. The amount included is the value of the
	189	+	decedent's ownership interest, to the extent that the decedent's ownership
	190	+	interest passed at the decedent's death to or for the benefit of any person
	191	+	other than the decedent's estate or surviving spouse.
	192	+	(4) Proceeds of insurance, including accidental death benefits, on the
	193	+	life of the decedent, if the decedent owned the insurance policy
	194	+	immediately before death or if and to the extent that the decedent alone
	195	+	and immediately before death held a presently exercisable general power
	196	+	of appointment over the policy or its proceeds. The amount included is the
	197	+	value of the proceeds, to the extent that they were payable at the decedent's
	198	+	death to or for the benefit of any person other than the decedent's estate or
	199	+	surviving spouse;.
	200	+	(b) Property transferred in any of the following forms by the decedent
	201	+	during marriage:
	202	+	(1) Any irrevocable transfer in which the decedent retained the right
	203	+	to the possession or enjoyment of, or to the income from, the property if
	204	+	and to the extent that the decedent's right terminated at or continued
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	248	+	beyond the decedent's death. The amount included is the value of the
	249	+	fraction of the property to which the decedent's right related, to the extent
	250	+	that such fraction of the property passed outside probate to or for the
	251	+	benefit of any person other than the decedent's estate or surviving spouse.
	252	+	(2) Any transfer in which the decedent created a power over income
	253	+	or property, exercisable by the decedent alone or in conjunction with any
	254	+	other person, or exercisable by a nonadverse party, to or for the benefit of
	255	+	the decedent, the creditors of the decedent, the decedent's estate, or
	256	+	creditors of the decedent's estate. The amount included with respect to a
	257	+	power over property is the value of the property subject to the power, and
	258	+	the amount included with respect to a power over income is the value of
	259	+	the property that produces or produced the income, to the extent that the
	260	+	power in either case was exercisable at the decedent's death to or for the
	261	+	benefit of any person other than the decedent's surviving spouse or to the
	262	+	extent that the property passed at the decedent's death, by exercise, release,
	263	+	lapse, in default, or otherwise, to or for the benefit of any person other than
	264	+	the decedent's estate or surviving spouse. If the power is a power over both
	265	+	income and property and the preceding sentence produces different
	266	+	amounts, the amount included is the greater amount.
	267	+	(c) Property that passed during marriage and during the two-year
	268	+	period next preceding the decedent's death as a result of a transfer by the
	269	+	decedent if the transfer was of any of the following types:
	270	+	(1) Any property that passed as a result of the termination of a right
	271	+	or interest in, or power over, property that would have been included in the
	272	+	augmented estate under subparagraph (a)(1), (2), or (3), or under
	273	+	subparagraph (c)(2), if the right, interest, or power had not terminated until
	274	+	the decedent's death. The amount included is the value of the property that
	275	+	would have been included under those subparagraphs, if the property were
	276	+	valued at the time that the right, interest, or power terminated, and is
	277	+	included only to the extent that the property passed upon termination to or
	278	+	for the benefit of any person other than the decedent or the decedent's
	279	+	estate, spouse, or surviving spouse. As used in this subparagraph,
	280	+	"termination," with respect to a right or interest in property, occurs when
	281	+	the right or interest terminated by the terms of the governing instrument or
	282	+	the decedent transferred or relinquished the right or interest, and, with
	283	+	respect to a power over property, occurs when the power terminated by
	284	+	exercise, release, lapse, default, or otherwise, but, with respect to a power
	285	+	described in paragraph (a)(1), "termination" occurs when the power
	286	+	terminated by exercise or release, but not otherwise.
	287	+	(2) Any transfer of or relating to an insurance policy on the life of the
	288	+	decedent if the proceeds would have been included in the augmented estate
	289	+	under subparagraph (a)(4) had the transfer not occurred. The amount
	290	+	included is the value of the insurance proceeds to the extent that the
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	334	+	proceeds were payable at the decedent's death to or for the benefit of any
129	335		person other than the decedent's estate or surviving spouse.
130		-	(2) The decedent's fractional interest in property held by the
131		-	decedent in joint tenancy with the right of survivorship. The amount HOUSE BILL No. 2130—page 3
132		-	included is the value of the decedent's fractional interest, to the extent
133		-	that such fractional interest passed by right of survivorship at the
134		-	decedent's death to the surviving joint tenant other than the decedent's
135		-	surviving spouse.
136		-	(3) The decedent's ownership interest in property or accounts
137		-	passing to another upon decedent's death. The amount included is the
138		-	value of the decedent's ownership interest, to the extent that the
139		-	decedent's ownership interest passed at the decedent's death to or for
140		-	the benefit of any person other than the decedent's estate or surviving
141		-	spouse.
142		-	(4) Proceeds of insurance, including accidental death benefits, on
143		-	the life of the decedent, if the decedent owned the insurance policy
144		-	immediately before death or if and to the extent that the decedent alone
145		-	and immediately before death held a presently exercisable general
146		-	power of appointment over the policy or its proceeds. The amount
147		-	included is the value of the proceeds, to the extent that they were
148		-	payable at the decedent's death to or for the benefit of any person other
149		-	than the decedent's estate or surviving spouse;.
150		-	(b) Property transferred in any of the following forms by the
151		-	decedent during marriage:
152		-	(1) Any irrevocable transfer in which the decedent retained the
153		-	right to the possession or enjoyment of, or to the income from, the
154		-	property if and to the extent that the decedent's right terminated at or
155		-	continued beyond the decedent's death. The amount included is the
156		-	value of the fraction of the property to which the decedent's right
157		-	related, to the extent that such fraction of the property passed outside
158		-	probate to or for the benefit of any person other than the decedent's
159		-	estate or surviving spouse.
160		-	(2) Any transfer in which the decedent created a power over
161		-	income or property, exercisable by the decedent alone or in conjunction
162		-	with any other person, or exercisable by a nonadverse party, to or for
163		-	the benefit of the decedent, the creditors of the decedent, the decedent's
164		-	estate, or creditors of the decedent's estate. The amount included with
165		-	respect to a power over property is the value of the property subject to
166		-	the power, and the amount included with respect to a power over
167		-	income is the value of the property that produces or produced the
168		-	income, to the extent that the power in either case was exercisable at
169		-	the decedent's death to or for the benefit of any person other than the
170		-	decedent's surviving spouse or to the extent that the property passed at
171		-	the decedent's death, by exercise, release, lapse, in default, or
172		-	otherwise, to or for the benefit of any person other than the decedent's
173		-	estate or surviving spouse. If the power is a power over both income
174		-	and property and the preceding sentence produces different amounts,
175		-	the amount included is the greater amount.
176		-	(c) Property that passed during marriage and during the two-year
177		-	period next preceding the decedent's death as a result of a transfer by
178		-	the decedent if the transfer was of any of the following types:
179		-	(1) Any property that passed as a result of the termination of a
180		-	right or interest in, or power over, property that would have been
181		-	included in the augmented estate under subparagraph (a)(1), (2), or (3),
182		-	or under subparagraph (c)(2), if the right, interest, or power had not
183		-	terminated until the decedent's death. The amount included is the value
184		-	of the property that would have been included under those
185		-	subparagraphs, if the property were valued at the time that the right,
186		-	interest, or power terminated, and is included only to the extent that the
187		-	property passed upon termination to or for the benefit of any person
188		-	other than the decedent or the decedent's estate, spouse, or surviving
189		-	spouse. As used in this subparagraph, "termination," with respect to a
190		-	right or interest in property, occurs when the right or interest terminated
191		-	by the terms of the governing instrument or the decedent transferred or
192		-	relinquished the right or interest, and, with respect to a power over
193		-	property, occurs when the power terminated by exercise, release, lapse,
194		-	default, or otherwise, but, with respect to a power described in
195		-	paragraph (a)(1), "termination" occurs when the power terminated by HOUSE BILL No. 2130—page 4
196		-	exercise or release, but not otherwise.
197		-	(2) Any transfer of or relating to an insurance policy on the life of
198		-	the decedent if the proceeds would have been included in the
199		-	augmented estate under subparagraph (a)(4) had the transfer not
200		-	occurred. The amount included is the value of the insurance proceeds to
201		-	the extent that the proceeds were payable at the decedent's death to or
202		-	for the benefit of any person other than the decedent's estate or
203		-	surviving spouse.
204		-	(3) Any transfer of property, to the extent not otherwise included
205		-	in the augmented estate, made to or for the benefit of a person other
206		-	than the decedent's surviving spouse. The amount included is the value
207		-	of the transferred property to the extent that the aggregate transfers to
208		-	any one donee in either of the two years exceeded $10,000 $25,000.
209		-	Sec. 5. K.S.A. 2022 Supp. 59-6a215 is hereby amended to read as
210		-	follows: 59-6a215. A surviving spouse is entitled to the homestead, or
211		-	in lieu thereof the surviving spouse may elect to receive a homestead
212		-	allowance of $50,000 $75,000. The homestead or homestead allowance
213		-	is exempt from and has priority over all demands against the estate. The
214		-	homestead or homestead allowance is in addition to any share passing
215		-	to the surviving spouse by way of elective share.
216		-	Sec. 6. K.S.A. 59-1507a is hereby amended to read as follows: 59-
217		-	1507a. (a) If not less than 180 days after the death of an individual
218		-	entitled at the time of death to a monthly benefit or benefits under title
219		-	II of the social security act or under any veterans administration
220		-	program or public or private retirement or annuity plan, all or part of
221		-	the amount of such benefit or benefits, not in excess of $5,000 $10,000,
222		-	is paid to: (1) The surviving spouse,; (2) one or more of the deceased's
223		-	children, or descendants of the deceased's deceased children,; (3) the
224		-	deceased's father or mother,; or (4) the deceased's brother or sister,.
225		-	Preference being shall be given in the order named if more than one
226		-	request for payment has been made by or for the named individuals,.
227		-	Such payment shall be deemed to be a payment to the personal
228		-	representative of the decedent and shall constitute a full discharge and
229		-	release from any further claim for such payment to the same extent as if
230		-	such payment had been made to an executor or administrator of the
231		-	decedent's estate.
	336	+	(3) Any transfer of property, to the extent not otherwise included in
	337	+	the augmented estate, made to or for the benefit of a person other than the
	338	+	decedent's surviving spouse. The amount included is the value of the
	339	+	transferred property to the extent that the aggregate transfers to any one
	340	+	donee in either of the two years exceeded $10,000 $25,000.
	341	+	Sec. 4. K.S.A. 2022 Supp. 59-6a215 is hereby amended to read as
	342	+	follows: 59-6a215. A surviving spouse is entitled to the homestead, or in
	343	+	lieu thereof the surviving spouse may elect to receive a homestead
	344	+	allowance of $50,000 $75,000. The homestead or homestead allowance is
	345	+	exempt from and has priority over all demands against the estate. The
	346	+	homestead or homestead allowance is in addition to any share passing to
	347	+	the surviving spouse by way of elective share.
	348	+	Sec. 5. K.S.A. 59-1507a is hereby amended to read as follows: 59-
	349	+	1507a. (a) If not less than 180 days after the death of an individual entitled
	350	+	at the time of death to a monthly benefit or benefits under title II of the
	351	+	social security act or under any veterans administration program or public
	352	+	or private retirement or annuity plan, all or part of the amount of such
	353	+	benefit or benefits, not in excess of $5,000 $10,000, is paid to: (1) The
	354	+	surviving spouse,; (2) one or more of the deceased's children, or
	355	+	descendants of the deceased's deceased children,; (3) the deceased's father
	356	+	or mother,; or (4) the deceased's brother or sister,. Preference being shall
	357	+	be given in the order named if more than one request for payment has been
	358	+	made by or for the named individuals,. Such payment shall be deemed to
	359	+	be a payment to the personal representative of the decedent and shall
	360	+	constitute a full discharge and release from any further claim for such
	361	+	payment to the same extent as if such payment had been made to an
	362	+	executor or administrator of the decedent's estate.
232	363		(b) The provisions of subsection (a) shall apply only if an affidavit
233	364		has been made and filed with the appropriate governmental office or
234	365		private company responsible for the benefit by the surviving spouse or
235	366		other relative by whom or on whose behalf request for payment is made
236	367		and such affidavit shows: (1) The date of death of the deceased,; (2) the
237	368		relationship of the affiant to the deceased,; (3) that no executor or
238	369		administrator for the deceased has qualified or been appointed,; and (4)
239		-	that, to the affiant's knowledge, there exists at the time of the filing of
240		-	~~such~~ affidavit, no relative of a closer degree of kindred to the deceased
241		-	~~than the~~ affiant.
242		-	Sec. 7. K.S.A. 2022 Supp. 59-1507b is hereby amended to read as
	370	+	that, to the affiant's knowledge, there exists at the time of the filing of such
	371	+	affidavit, no relative of a closer degree of kindred to the deceased than the
	372	+	affiant.
	373	+	Sec. 6. K.S.A. 2022 Supp. 59-1507b is hereby amended to read as
243	374		follows: 59-1507b. When a resident of the state dies, whether testate or
244		-	intestate, if the total assets of the estate of the decedent subject to
245		-	probate do not exceed $40,000 $75,000 in value, any personal property
246		-	of whatever nature transferable to the decedent's estate by any entity or
247		-	person shall be transferred to the successor or successors of the
248		-	decedent, if entitled thereto by will or by intestate succession, without
249		-	having been granted letters of administration or letters testamentary,
250		-	upon such successor's or successors' furnishing the entity or person
251		-	with an affidavit showing entitlement thereto. Transfer of such personal
252		-	property to the successor or successors shall be deemed to be a transfer
253		-	to the personal representative of the decedent, and the receipt of the
254		-	successor or successors shall constitute a full discharge and release
255		-	from any further claim for such transfer to the same extent as if the
256		-	transfer had been made to an executor or administrator of the
257		-	decedent's estate. The affidavit required herein shall be deemed
258		-	sufficient if in substantial compliance with the form set forth by the
259		-	judicial council. HOUSE BILL No. 2130—page 5
260		-	Sec. 8. K.S.A. 59-2209 is hereby amended to read as follows: 59-
261		-	2209. (a) When notice of hearing is required by any provision of this
262		-	act by specific reference to this section, such notice shall be published
263		-	once a per week for three consecutive weeks in some newspaper of the
264		-	county authorized by law to publish legal notices. The first publication
265		-	shall be made within 10 30 days after the order fixing the time and
266		-	place of the hearing and, within seven days after the first published
267		-	notice, the petitioner shall mail or cause to be mailed, postage prepaid,
268		-	a copy of the notice to each heir, devisee and legatee or guardian and
269		-	ward, conservator and conservatee or guardian ad litem, as the case
270		-	may be, other than the petitioner, whose name and address is known to
271		-	the petitioner. A copy of the petition, any attachments to it and, when
272		-	applicable, a copy of the will, accounting and settlement agreement
273		-	shall be included with the notice, unless excused by court order. The
274		-	date set for the hearing shall not be earlier than seven days nor later
275		-	than 14 10 days and not later than 30 days after the date of the last
276		-	publication of notice.
277		-	(b) Whenever notice is mailed to a person residing in a foreign
278		-	country, such notice shall be mailed by air mail.
279		-	Sec. 9. K.S.A. 59-2215 is hereby amended to read as follows: 59-
280		-	2215. When the total assets of the estate of a decedent or conservatee
281		-	do not exceed the sum of $5,000 $10,000 in value, the court may remit
282		-	the court costs or any part thereof to such estate.
283		-	Sec. 10. K.S.A. 59-2237 is hereby amended to read as follows: 59-
	375	+	intestate, if the total assets of the estate of the decedent subject to probate
	376	+	do not exceed $40,000 $75,000 in value, any personal property of
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	420	+	whatever nature transferable to the decedent's estate by any entity or
	421	+	person shall be transferred to the successor or successors of the decedent,
	422	+	if entitled thereto by will or by intestate succession, without having been
	423	+	granted letters of administration or letters testamentary, upon such
	424	+	successor's or successors' furnishing the entity or person with an affidavit
	425	+	showing entitlement thereto. Transfer of such personal property to the
	426	+	successor or successors shall be deemed to be a transfer to the personal
	427	+	representative of the decedent, and the receipt of the successor or
	428	+	successors shall constitute a full discharge and release from any further
	429	+	claim for such transfer to the same extent as if the transfer had been made
	430	+	to an executor or administrator of the decedent's estate. The affidavit
	431	+	required herein shall be deemed sufficient if in substantial compliance with
	432	+	the form set forth by the judicial council.
	433	+	Sec. 7. K.S.A. 59-2215 is hereby amended to read as follows: 59-
	434	+	2215. When the total assets of the estate of a decedent or conservatee do
	435	+	not exceed the sum of $5,000 $10,000 in value, the court may remit the
	436	+	court costs or any part thereof to such estate.
	437	+	Sec. 8. K.S.A. 59-2237 is hereby amended to read as follows: 59-
284	438		2237. (a) Any person may exhibit a demand against the estate of a
285		-	decedent by filing a petition for its allowance in the proper district
286		-	court. Such demand shall be deemed duly exhibited from the date of the
287		-	filing of the petition. The petition shall contain a statement of all offsets
288		-	to which the estate is entitled. The person exhibiting the demand shall
289		-	provide a copy of the demand, as filed, to the personal representative of
290		-	the estate. The court shall from time to time as it deems advisable, and
291		-	must at the request of the executor or administrator, or at the request of
292		-	any creditor having exhibited demand, fix the time and place for the
293		-	hearing of such demands. Notice of the time and place of the demand
294		-	hearing shall be given in such manner and to such persons as the court
295		-	shall direct.
	439	+	decedent by filing a petition for its allowance in the proper district court.
	440	+	Such demand shall be deemed duly exhibited from the date of the filing of
	441	+	the petition. The petition shall contain a statement of all offsets to which
	442	+	the estate is entitled. The person exhibiting the demand shall provide a
	443	+	copy of the demand, as filed, to the personal representative of the estate.
	444	+	The court shall from time to time as it deems advisable, and must at the
	445	+	request of the executor or administrator, or at the request of any creditor
	446	+	having exhibited demand, fix the time and place for the hearing of such
	447	+	demands. Notice of the time and place of the demand hearing shall be
	448	+	given in such manner and to such persons as the court shall direct.
296	449		(b) The verification of any demand may be deemed prima facie
297		-	evidence of its validity unless a written defense thereto is filed. Upon
298		-	the adjudication of any demand, the court shall enter its judgment
299		-	allowing or disallowing it. Such judgment shall show the date of
300		-	adjudication, the amount allowed, the amount disallowed and
301		-	classification if allowed. Judgments relating to contingent demands
302		-	shall state the nature of the contingency.
303		-	(c) Any demand not exceeding $5,000 $10,000, other than a
304		-	demand by the executor or administrator, duly itemized and verified
305		-	and which is timely filed, may be paid by the executor or administrator
306		-	without compliance with any of the provisions of this act relating to
307		-	petition, notice of hearing, allowance by the court or otherwise. If a
308		-	written defense to the petition of the executor or administrator for a
309		-	final settlement and accounting is timely filed by any interested party
310		-	which takes issue with payment of the demand by the executor or
311		-	administrator, at the hearing on the petition the burden of proof shall be
312		-	upon the executor or administrator to establish that the demand was due
313		-	and owing by the estate. If the demand, or any part thereof, is
314		-	disallowed by the court, the accounting of the executor or administrator
315		-	shall not be allowed as to the disallowed demand, or part thereof.
316		-	Sec. 11. K.S.A. 2022 Supp. 59-2287 is hereby amended to read as
	450	+	evidence of its validity unless a written defense thereto is filed. Upon the
	451	+	adjudication of any demand, the court shall enter its judgment allowing or
	452	+	disallowing it. Such judgment shall show the date of adjudication, the
	453	+	amount allowed, the amount disallowed and classification if allowed.
	454	+	Judgments relating to contingent demands shall state the nature of the
	455	+	contingency.
	456	+	(c) Any demand not exceeding $5,000 $10,000, other than a demand
	457	+	by the executor or administrator, duly itemized and verified and which is
	458	+	timely filed, may be paid by the executor or administrator without
	459	+	compliance with any of the provisions of this act relating to petition, notice
	460	+	of hearing, allowance by the court or otherwise. If a written defense to the
	461	+	petition of the executor or administrator for a final settlement and
	462	+	accounting is timely filed by any interested party which takes issue with
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	506	+	payment of the demand by the executor or administrator, at the hearing on
	507	+	the petition the burden of proof shall be upon the executor or administrator
	508	+	to establish that the demand was due and owing by the estate. If the
	509	+	demand, or any part thereof, is disallowed by the court, the accounting of
	510	+	the executor or administrator shall not be allowed as to the disallowed
	511	+	demand, or part thereof.
	512	+	Sec. 9. K.S.A. 2022 Supp. 59-2287 is hereby amended to read as
317	513		follows: 59-2287. (a) The district court, in its discretion, may refuse to
318	514		grant letters in the following cases:
319	515		(1) When the value of real or personal property owned by the
320	516		decedent is not greater in amount than is allowed by law as exempt
321	517		property and the allowance to the surviving spouse or minor children
322	518		under K.S.A. 59-403, and amendments thereto.
323		-	(2) When the real and personal estate of the decedent does not HOUSE BILL No. 2130—page 6
324		-	exceed $50,000 $75,000 and the estate is not subject to allowances
325		-	pursuant to K.S.A. 59-403, and amendments thereto, or such
326		-	allowances are waived, any heir, devisee, legatee, creditor or other
327		-	interested person may petition for refusal of letters by giving bond in
328		-	the sum of not less than the value of the estate. Such bond shall be
329		-	approved by the district court and conditioned upon the creditor's or
330		-	heir's assuming the obligation to pay, so far as the assets of the estate
331		-	will permit, the debts of the decedent in the order of their preference,
332		-	and to distribute the balance, if any, to the persons entitled thereto
333		-	under the law, except that real estate sold in accordance with this
334		-	section shall be deemed to have marketable title as ordered by the
335		-	court, and no creditor, heir or other person shall be deemed to have an
336		-	interest after passage of six months following the date of death.
337		-	(b) Proof may be allowed by or on behalf of the surviving spouse
338		-	or minor children before the district court of the value and nature of the
	519	+	(2) When the real and personal estate of the decedent does not exceed
	520	+	$50,000 $75,000 and the estate is not subject to allowances pursuant to
	521	+	K.S.A. 59-403, and amendments thereto, or such allowances are waived,
	522	+	any heir, devisee, legatee, creditor or other interested person may petition
	523	+	for refusal of letters by giving bond in the sum of not less than the value of
	524	+	the estate. Such bond shall be approved by the district court and
	525	+	conditioned upon the creditor's or heir's assuming the obligation to pay, so
	526	+	far as the assets of the estate will permit, the debts of the decedent in the
	527	+	order of their preference, and to distribute the balance, if any, to the
	528	+	persons entitled thereto under the law, except that real estate sold in
	529	+	accordance with this section shall be deemed to have marketable title as
	530	+	ordered by the court, and no creditor, heir or other person shall be deemed
	531	+	to have an interest after passage of six months following the date of death.
	532	+	(b) Proof may be allowed by or on behalf of the surviving spouse or
	533	+	minor children before the district court of the value and nature of the
339	534		estate. If the court is satisfied that no estate will be left after allowing to
340		-	the surviving spouse or minor children their exempt property and
341		-	~~statutory~~ allowances, or that the real and personal estate does not
342		-	~~exceed $50,000~~ $75,000 when the petition is filed by a creditor or heir,
343		-	~~the court may order~~ that no letters of administration shall be issued on
344		-	~~the estate, unless, upon~~ the petition of other creditors, heirs or parties
345		-	~~interested, the existence of~~ other or further property is shown.
346		-	(c) When a petition is filed under this section by a surviving
347		-	~~spouse~~ or minor children, notice of the proceeding shall be given
348		-	~~pursuant to~~ K.S.A. 59-2222, and amendments thereto.
	535	+	the surviving spouse or minor children their exempt property and statutory
	536	+	allowances, or that the real and personal estate does not exceed $50,000
	537	+	$75,000 when the petition is filed by a creditor or heir, the court may order
	538	+	that no letters of administration shall be issued on the estate, unless, upon
	539	+	the petition of other creditors, heirs or parties interested, the existence of
	540	+	other or further property is shown.
	541	+	(c) When a petition is filed under this section by a surviving spouse
	542	+	or minor children, notice of the proceeding shall be given pursuant to
	543	+	K.S.A. 59-2222, and amendments thereto.
349	544		(d) Whenever it appears to the court that further proceedings in the
350	545		administration of an estate pursuant to this section are unnecessary, the
351	546		court shall enter an order terminating the administration of such estate.
352		-	Such order shall be made without notice, unless the court otherwise
353		-	orders, and it shall be to the effect that, unless further estate of the
354		-	decedent be discovered, all further settlements and other proceedings
355		-	concerning the estate be dispensed with and that the surviving spouse
356		-	and minor children are relieved of any further obligations with respect
357		-	to the estate. If further estate of the decedent is discovered and
358		-	administration is had on it, such administration shall not abrogate or
359		-	invalidate or otherwise affect any right, title or interest in property
360		-	transferred or vested pursuant to this section unless the court, for good
361		-	cause shown, otherwise determines and orders.
	547	+	Such order shall be made without notice, unless the court otherwise orders,
	548	+	and it shall be to the effect that, unless further estate of the decedent be
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	592	+	discovered, all further settlements and other proceedings concerning the
	593	+	estate be dispensed with and that the surviving spouse and minor children
	594	+	are relieved of any further obligations with respect to the estate. If further
	595	+	estate of the decedent is discovered and administration is had on it, such
	596	+	administration shall not abrogate or invalidate or otherwise affect any
	597	+	right, title or interest in property transferred or vested pursuant to this
	598	+	section unless the court, for good cause shown, otherwise determines and
	599	+	orders.
362	600		(e) Any will filed pursuant to this section within a period of six
363		-	months after the death of the testator may be admitted to probate after
364		-	such six-month period.
365		-	Sec. 12. K.S.A. 59-2308 is hereby amended to read as follows: 59-
366		-	2308. In all sales at public auction the personal representative shall give
367		-	notice containing a particular description of the real estate to be sold,
368		-	and by stating such notice shall state the time, terms and place of sale.
369		-	The notice shall be given by publication once a per week for three
370		-	consecutive weeks in some newspaper, authorized to publish legal
371		-	notices, of the county in which where the real estate is situated. The
372		-	date set for the sale shall not be earlier than seven days nor later than 14
373		-	10 days and not later than 30 days after the date of the last publication
374		-	of notice. If the tracts to be sold are contiguous and lie in more than one
375		-	county, notice may be given and the sale made in either of such
376		-	counties.
377		-	Sec. 13. K.S.A. 2022 Supp. 59-2401 is hereby amended to read as
	601	+	months after the death of the testator may be admitted to probate after such
	602	+	six-month period.
	603	+	Sec. 10. K.S.A. 2022 Supp. 59-2401 is hereby amended to read as
378	604		follows: 59-2401. (a) An appeal from a district magistrate judge to a
379		-	district judge may be taken no later than 30 days from the date of entry
380		-	of any of the following orders, judgments or decrees in any case
381		-	~~involving a~~ decedent's estate:
	605	+	district judge may be taken no later than 30 days from the date of entry of
	606	+	any of the following orders, judgments or decrees in any case involving a
	607	+	decedent's estate:
382	608		(1) An order admitting or refusing to admit a will to probate.
383		-	(2) An order finding or refusing to find that there is a valid
384		-	~~consent to~~ a will.
385		-	(3) An order appointing, refusing to appoint, removing or refusing
386		-	to remove a fiduciary other than a special administrator.
387		-	(4) An order setting apart or refusing to set apart a homestead or ~~HOUSE BILL No. 2130—page 7~~
388		-	~~other~~ property, or making or refusing to make an allowance of exempt
389		-	~~property~~ to the spouse and minor children.
	609	+	(2) An order finding or refusing to find that there is a valid consent to
	610	+	a will.
	611	+	(3) An order appointing, refusing to appoint, removing or refusing to
	612	+	remove a fiduciary other than a special administrator.
	613	+	(4) An order setting apart or refusing to set apart a homestead or other
	614	+	property, or making or refusing to make an allowance of exempt property
	615	+	to the spouse and minor children.
390	616		(5) An order determining, refusing to determine, transferring or
391	617		refusing to transfer venue.
392		-	(6) An order allowing or disallowing a demand, in whole or in
393		-	~~part,~~ when the amount in controversy exceeds $5,000 $10,000.
	618	+	(6) An order allowing or disallowing a demand, in whole or in part,
	619	+	when the amount in controversy exceeds $5,000 $10,000.
394	620		(7) An order authorizing, refusing to authorize, confirming or
395	621		refusing to confirm the sale, lease or mortgage of real estate.
396		-	(8) An order directing or refusing to direct a conveyance or lease
397		-	of real estate under contract.
	622	+	(8) An order directing or refusing to direct a conveyance or lease of
	623	+	real estate under contract.
398	624		(9) Judgments for waste.
399		-	(10) An order directing or refusing to direct the payment of a
400		-	~~legacy~~ or distributive share.
401		-	(11) An order allowing or refusing to allow an account of a
402		-	~~fiduciary~~ or any part thereof.
	625	+	(10) An order directing or refusing to direct the payment of a legacy
	626	+	or distributive share.
	627	+	(11) An order allowing or refusing to allow an account of a fiduciary
	628	+	or any part thereof.
403	629		(12) A judgment or decree of partial or final distribution.
404	630		(13) An order compelling or refusing to compel a legatee or
405	631		distributee to refund.
406	632		(14) An order compelling or refusing to compel payments or
407	633		contributions of property required to satisfy the elective share of a
408	634		surviving spouse pursuant to K.S.A. 59-6a201 et seq., and amendments
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409	678		thereto.
410	679		(15) An order directing or refusing to direct an allowance for the
411	680		expenses of administration.
412	681		(16) An order vacating or refusing to vacate a previous appealable
413	682		order, judgment, decree or decision.
414		-	(17) A decree determining or refusing to determine the heirs,
415		-	~~devisees~~ and legatees.
416		-	(18) An order adjudging a person in contempt pursuant to K.S.A.
417		-	~~59-~~6a201 et seq., and amendments thereto.
	683	+	(17) A decree determining or refusing to determine the heirs, devisees
	684	+	and legatees.
	685	+	(18) An order adjudging a person in contempt pursuant to K.S.A. 59-
	686	+	6a201 et seq., and amendments thereto.
418	687		(19) An order finding or refusing to find that there is a valid
419	688		settlement agreement.
420	689		(20) An order granting or denying final discharge of a fiduciary.
421	690		(21) Any other final order, decision or judgment in a proceeding
422	691		involving a decedent's estate.
423	692		(b) An appeal from the district court to an appellate court taken
424		-	pursuant to this section shall be taken in the manner provided by
425		-	~~chapter~~ 60 of the Kansas Statutes Annotated, and amendments thereto,
426		-	~~for other~~ civil cases.
	693	+	pursuant to this section shall be taken in the manner provided by chapter
	694	+	60 of the Kansas Statutes Annotated, and amendments thereto, for other
	695	+	civil cases.
427	696		(c) Pending the determination of an appeal pursuant to section
428		-	subsection (a) or (b) of this section, any order appealed from shall
429		-	~~continue~~ in force unless modified by temporary orders entered by the
430		-	~~court hearing~~ the appeal. The supersedeas bond provided for in K.S.A.
431		-	~~60-2103, and~~ amendments thereto, shall not stay proceedings under an
432		-	~~appeal from the~~ district court to an appellate court.
433		-	(d) In an appeal taken pursuant to section subsection (a) or (b) of
434		-	~~this~~ section, the court from which the appeal is taken may require an
435		-	appropriate party, other than the state of Kansas, any subdivision
436		-	~~thereof,~~ and all cities and counties in this state, to file a bond in such
437		-	~~sum and with~~ such sureties as may be fixed and approved by the court
438		-	~~to ensure that the~~ appeal will be prosecuted without unnecessary delay
439		-	~~and to ensure the~~ payment of all judgments and any sums, damages and
440		-	~~costs that may be~~ adjudged against that party.
441		-	Sec. 14. K.S.A. 2022 Supp. 59-2402a is hereby amended to read
442		-	as follows: 59-2402a. (a) When a petition is filed in the district court
443		-	~~and a~~ district magistrate judge is assigned to hear such petition, any
444		-	~~interested~~ party may request the transfer of the matter to the chief judge
445		-	~~for~~ assignment to a district judge if the petition is:
	697	+	subsection (a) or (b) of this section, any order appealed from shall continue
	698	+	in force unless modified by temporary orders entered by the court hearing
	699	+	the appeal. The supersedeas bond provided for in K.S.A. 60-2103, and
	700	+	amendments thereto, shall not stay proceedings under an appeal from the
	701	+	district court to an appellate court.
	702	+	(d) In an appeal taken pursuant to section subsection (a) or (b) of this
	703	+	section, the court from which the appeal is taken may require an
	704	+	appropriate party, other than the state of Kansas, any subdivision thereof,
	705	+	and all cities and counties in this state, to file a bond in such sum and with
	706	+	such sureties as may be fixed and approved by the court to ensure that the
	707	+	appeal will be prosecuted without unnecessary delay and to ensure the
	708	+	payment of all judgments and any sums, damages and costs that may be
	709	+	adjudged against that party.
	710	+	Sec. 11. K.S.A. 2022 Supp. 59-2402a is hereby amended to read as
	711	+	follows: 59-2402a. (a) When a petition is filed in the district court and a
	712	+	district magistrate judge is assigned to hear such petition, any interested
	713	+	party may request the transfer of the matter to the chief judge for
	714	+	assignment to a district judge if the petition is:
446	715		(1) To admit a will to probate;
447	716		(2) to determine venue or a transfer of venue;
448	717		(3) to allow any claim exceeding $5,000 $10,000 in value;
449	718		(4) for the sale, lease or mortgage of real estate;
450	719		(5) for conveyance of real estate under contract;
451		-	(6) for payment of a legacy or distributive share; HOUSE BILL No. 2130—page 8
	720	+	(6) for payment of a legacy or distributive share;
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452	764		(7) for partial or final distribution;
453	765		(8) for an order compelling a legatee or distributee to refund;
454	766		(9) for an order to determine heirs, devisees or legatees; or
455	767		(10) for an order which involves construction of a will or other
456	768		instrument.
457		-	(b) When a request for such transfer is filed less than three days
458		-	prior to the commencement of the hearing, the court shall assess the
459		-	costs occasioned by the subpoena and attendance of witnesses against
460		-	the party seeking the transfer. Such request may be included in any
461		-	petition, answer or other pleading, or may be filed as a separate
462		-	petition, and shall include an allegation that a bona fide controversy
463		-	exists and that the transfer is not sought for the purpose of vexation or
464		-	delay. Notice of such request shall be given as ordered by the court.
465		-	Sec. 15. K.S.A. 2022 Supp. 59-3504 is hereby amended to read as
466		-	follows: 59-3504. (a) Title to the interest in real estate recorded in
467		-	transfer-on-death form shall vest in the designated grantee beneficiary
468		-	or beneficiaries on the death of the record owner.
469		-	(b) Grantee beneficiaries of a transfer-on-death deed take the
470		-	record owner's interest in the real estate at death subject to all
471		-	conveyances, assignments, contracts, mortgages, liens and security
472		-	pledges made by the record owner or to which the record owner was
473		-	subject during the record owner's lifetime including, but not limited to,
474		-	any executory contract of sale, option to purchase, lease, license,
475		-	easement, mortgage, deed of trust or lien, claims of the state of Kansas
476		-	for medical assistance, as defined in K.S.A. 39-702, and amendments
477		-	thereto, pursuant to K.S.A. 39-709, and amendments thereto, and to any
478		-	interest conveyed by the record owner that is less than all of the record
479		-	owner's interest in the property.
480		-	(c) (1) Except as provided in subsection (c)(2), if a grantee
481		-	beneficiary dies prior to the death of the record owner and an
482		-	alternative grantee beneficiary has not been designated on the deed to
483		-	succeed to such deceased grantee beneficiary's interest, the transfer,
484		-	with respect to any such deceased grantee beneficiary, shall lapse.
485		-	(2) When the transfer-on-death deed was not made contingent on
486		-	such grantee beneficiary surviving the record owner and a deceased
487		-	grantee beneficiary leaves at least one then-surviving issue of such
488		-	beneficiary upon the death of the owner when such interest would
489		-	otherwise have lapsed under subsection (c)(1), the interest in the real
490		-	estate shall not lapse and shall vest on such record owner's death in the
491		-	then-surviving issue of the deceased grantee beneficiary on a per
492		-	stirpes basis as successor grantee or grantees.
493		-	(d) Any judicial proceeding initiated by an interested party to
494		-	determine the succession of ownership of real estate of a deceased
495		-	record owner pursuant to subsection (c) shall be subject to chapter 59
496		-	of the Kansas Statutes Annotated, and amendments thereto, to
497		-	determine descent.
498		-	(e) The amendments made to this section by this act shall apply to
499		-	deeds filed of record on or after July 1, 2023.
500		-	Sec. 16. K.S.A. 59-6a202, 59-6a205, 59-1507a, 59-2209, 59-2215,
501		-	59-2237 and 59-2308 and K.S.A. 2022 Supp. 59-403, 59-618a, 59-
502		-	6a215, 59-1507b, 59-2287, 59-2401, 59-2402a and 59-3504 are hereby
503		-	repealed.
504		-	Sec. 17. This act shall take effect and be in force from and after its
	769	+	(b) When a request for such transfer is filed less than three days prior
	770	+	to the commencement of the hearing, the court shall assess the costs
	771	+	occasioned by the subpoena and attendance of witnesses against the party
	772	+	seeking the transfer. Such request may be included in any petition, answer
	773	+	or other pleading, or may be filed as a separate petition, and shall include
	774	+	an allegation that a bona fide controversy exists and that the transfer is not
	775	+	sought for the purpose of vexation or delay. Notice of such request shall be
	776	+	given as ordered by the court.
	777	+	Sec. 12. K.S.A. 59-6a202, 59-6a205, 59-1507a, 59-2215 and 59-2237
	778	+	and K.S.A. 2022 Supp. 59-403, 59-6a215, 59-1507b, 59-2287, 59-2401
	779	+	and 59-2402a are hereby repealed.
	780	+	Sec. 13. This act shall take effect and be in force from and after its
505	781		publication in the statute book.
506		-	I hereby certify that the above BILL originated in the
507		-	HOUSE, and was adopted by that body
508		-
509		-	HOUSE adopted
510		-	Conference Committee Report HOUSE BILL No. 2130—page 9
511		-
512		-	Speaker of the House.
513		-
514		-	Chief Clerk of the House.
515		-	Passed the SENATE
516		-	as amended
517		-	SENATE adopted
518		-	Conference Committee Report
519		-
520		-	President of the Senate.
521		-
522		-	Secretary of the Senate.
523		-	APPROVED
524		-
525		-
526		-	Governor.
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