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All sources · 45,420 documents · Table of contents · Probate Code · Chapter 59 — Probate Code

Kansas

Chapter 59 — Probate Code
726 entries
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59-30,205.
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59-101. Name of act.
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59-102. Definitions.
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59-103. Application of chapter; form of petitions.
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59-104. Docket fee; authorized only by legislative enactment; poverty affidavit; additional court costs.
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59-104a.
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59-105. Revocation of spousal inheritance rights upon divorce.
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59-201.
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59-202.
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59-202a.
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59-202b through 59-202d.
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59-203.
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59-204.
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59-205.
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59-205a.
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59-205b.
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59-205c.
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59-205d.
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59-205e.
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59-206.
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59-207.
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59-208.
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59-209.
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59-210.
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59-211.
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59-211a, 59-211b.
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59-211c, 59-211d.
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59-212. Records to be kept by court for chapter 59 actions.
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59-213. Filing of probate proceeding documents.
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59-214. Inspection of books and records; copies.
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59-215.
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59-216.
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59-217.
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59-218.
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59-219.
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59-220.
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59-301.
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59-302.
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59-303.
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59-401. Homestead.
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59-402. Same; partition.
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59-403. Allowance to spouse and minor children.
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59-404. Effect of election to take under will by spouse.
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59-501. Definitions.
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59-502. Descent of property of intestate resident.
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59-503.
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59-504. Surviving spouse.
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59-505. Same; half of realty to surviving spouse.
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59-506. Surviving children or issue.
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59-507. No spouse, child or issue, of the decedent.
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59-508. No spouse, child, issue, or parents.
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59-509. Limitation on descent.
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59-510. Advancements.
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59-511.
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59-512.
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59-513. Incapacity of person who kills another to take from decedent's estate or property; effect on…
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59-514. Intestate descent; escheat, when.
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59-601. Who may make will.
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59-602. Limitation on testamentary power.
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59-603.
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59-604. Devise or bequest to witness.
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59-605. Preparation of will or provision of will that gives any devise or bequest to writer or preparer.
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59-606. Execution and attestation; self-proved wills and codicils; affidavits; form.
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59-607. Competency of witness.
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59-608. Nuncupative will.
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59-609. Will executed without state.
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59-610. Revocation by marriage, birth or adoption; divorce.
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59-611. Manner of revocation.
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59-612. Revocation of second will not revivor of first, when.
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59-613. After-acquired property.
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59-614. When devise passes whole.
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59-615. Devise or bequest to spouse or relative who predeceases testator; "issue" defined.
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59-616. Probate essential.
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59-617. Limitation on probate of written will.
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59-618. Liability and effect of withholding will.
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59-618a. Filing of certain wills or copies in court; affidavit; admission to probate.
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59-619. Limitation on probate of oral will.
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59-620.
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59-621. Duty of custodian; liability.
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59-622. Validation of foreign wills filed prior to July 1, 1939.
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59-623. Reference in will to statement to dispose of certain tangible personal property; admissibility.
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59-624.
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59-701. Letters testamentary.
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59-702. Minor as executor.
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59-703. Executor of an executor.
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59-704. Powers of executor before letters granted.
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59-705. To whom administration granted.
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59-706. Letters of administration and letters testamentary granted to nonresident; appointment of agent required.
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59-707. Effect of will on administration.
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59-708. Administrator de bonis non.
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59-709. Filing of certain petitions; notice to creditors.
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59-710. Special administrator; appointment; bond; duties.
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59-801.
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59-802.
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59-803. Innocent purchaser from heirs.
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59-804. Estates of nonresident decedents; independent proceedings; laws applicable.
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59-805. Estates of nonresident decedents; jurisdiction of courts.
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59-806. Same; proceedings, procedures and substantive rights relating to property, laws applicable; …
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59-807. Testamentary designees; granting letters testamentary.
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59-808. Estates of nonresident decedents; rights and duties of personal representative; payment of taxes.
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59-809. Same; payment or delivery of intangible personal property to foreign representative, when.
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59-810. Same; acting in fiduciary capacity by foreign corporation.
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59-811. Same; severability.
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59-812. Same; validation of certain proceedings.
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59-901. Administration; proceeds deposited in escheat proceeds suspense fund.
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59-902. Disposition of proceeds.
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59-903. Claimants to estate.
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59-904. Same; subsequent claimants.
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59-905. Duty of county attorney and attorney general.
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59-1001. Management; bond.
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59-1002. When administrator takes charge.
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59-1003. Exhibition and surrender of property; statement; contempt.
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59-1004. Sale of assets.
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59-1005. Accounting; liabilities and penalties.
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59-1101. Bond requirements and conditions.
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59-1102. Approval and prosecution.
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59-1103. Joint or separate bonds.
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59-1104. Bond may be excused; court may require at any time.
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59-1105. Public, charitable or certain nonprofit corporation trustees; exceptions.
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59-1106. Increase or reduction of bond; cancellation.
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59-1107. New bond; discharge of surety.
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59-1108. Bond requirement for reissuance of certain certificates inapplicable.
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59-1109. Court canceled bond; showing just cause.
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59-1201. Inventory and valuation.
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59-1202. Independent appraisement, when; appointment of appraisers; submission of inventory and appraisement; compensation.
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59-1203. Supplementary inventory.
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59-1204. Debt discharged by will to be included.
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59-1205. Debt of executor to be included.
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59-1206. Annual crops to be included.
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59-1207. Employment of advisers; compensation.
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59-1301. Classification of demands.
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59-1302. When payment to be made.
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59-1303. Secured demands.
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59-1304. Encumbered assets.
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59-1401. Possession of property by executor or administrator; marshaling assets; duties prior to final distribution.
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59-1402. Continuation of business.
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59-1403. Foreclosure of mortgage.
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59-1404. Realty acquired.
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59-1405. Order in which assets to be appropriated.
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59-1406. Specifically bequeathed property.
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59-1407. Sale of personal property.
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59-1408. Refund of legacies and distributive shares.
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59-1409. Lease of property.
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59-1410. Sale of realty; conveyance to bona fide purchaser; effect.
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59-1411. When realty fraudulently conveyed to be included.
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59-1412. Sale of part or whole.
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59-1413. Sale under will; exercise of power; tax liens and claims.
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59-1501. Duration of administration; reopening, when; costs.
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59-1501a. Reopening estates of decedents; purposes.
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59-1501b. Same; who may petition; notice and hearing; distribution of assets and reclosing of estate.
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59-1502. Duty to account.
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59-1503. Time for distribution.
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59-1504. Compensation and expenses.
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59-1505. Conditions precedent to discharge.
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59-1506. Protection of remainderman's interest in personalty; bond.
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59-1507. Summary proceedings.
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59-1507a. Payment of certain benefits to certain relatives; discharge and release; affidavit.
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59-1507b. Transfer of certain personal property to successor; discharge and release; affidavit.
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59-1508. Unclaimed money.
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59-1601. Testamentary trust inventory.
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59-1602. Intermediate accountings.
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59-1603. Final accounting.
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59-1604. Distribution accounting.
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59-1605. Inventory by nontestamentary trustees.
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59-1606. Accounting by nontestamentary trustee.
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59-1607. Power of testator or settlor.
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59-1608. Power of beneficiary.
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59-1609. Applicability of provisions.
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59-1610. Enforcement.
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59-1611. Article not retroactive.
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59-1701. Corporate fiduciaries.
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59-1702. Same; oath required, exceptions.
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59-1703. Duties of fiduciary; certain transactions voidable; exceptions.
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59-1704. Liability for conversion.
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59-1705. Notice to consular representative.
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59-1706. Nonresident fiduciary; appointment of agent required.
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59-1707. Powers of nonresident fiduciaries.
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59-1708. Nonresident fiduciary may sue and be sued.
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59-1709. Accounting on resignation.
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59-1710. Effect of resignation.
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59-1711. Removal and penalties.
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59-1712. Accounting on death or disability.
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59-1713. Termination of authority not to invalidate acts.
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59-1714. Compromise with debtor.
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59-1715. Conveyance or lease; purchase and acceptance of title by representative, when.
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59-1716. Platting real estate.
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59-1717. Compensation and expenses.
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59-1718. Discharge.
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59-1801.
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59-1802.
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59-1803.
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59-1804.
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59-1811.
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59-1812.
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59-1813.
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59-1901.
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59-1902.
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59-1903.
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59-2001.
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59-2002.
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59-2003.
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59-2004.
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59-2005.
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59-2006. Duty to support patients; recovery; demand; time limitation; voluntary payments; compromise…
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59-2006a.
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59-2006b. Basic maximum rate of charge for treatment of patients in certain institutions; computation; publication; judicial notice; "state institution" defined.
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59-2006c. Same; appeals to secretary for aging and disability services from decisions compromising or refusing to compromise claim.
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59-2007.
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59-2008.
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59-2101.
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59-2102.
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59-2103.
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59-2104.
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59-2105.
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59-2111. Citation of act.
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59-2112. Definitions.
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59-2113. Who may adopt.
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59-2114. Written consent required; acknowledgment; revocability of consent, when.
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59-2115. Consent or relinquishment; minor parent.
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59-2116. Consent or relinquishment; time of execution.
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59-2117. Same; execution and acknowledgment outside of state, in foreign country or by person in military service.
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59-2118. Effect of adoption; name; rights of child, parents.
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59-2119. Report of adoption.
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59-2120. Interstate adoption; procedures.
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59-2121. Payment for adoption; limitation; approval by court; criminal penalties.
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59-2122. Files and records of adoption.
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59-2123. Certain advertisements and offers relating to adopting and placing children prohibited; licensure of person placing advertisement; definitions.
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59-2124. Relinquishment of child to agency.
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59-2125. Application of K.S.A.
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59-2126. Venue.
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59-2127. Jurisdiction.
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59-2128. Petition for adoption; consents, background information, accounting, residency affidavit, filing.
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59-2129. Consent.
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59-2130. Independent and agency adoptions; background information on adoptee and parents; filing; disclosure.
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59-2131. Same; temporary orders.
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59-2132. Independent and agency adoptions; assessment, investigation and report; waiver.
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59-2133. Hearing; notice provided to certain persons, manner.
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59-2134. Hearing.
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59-2135. Information to be provided to Kansas department for children and families.
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59-2136. Relinquishment and adoption; proceedings to terminate parental rights.
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59-2137. Application of K.S.A.
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59-2138. Venue.
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59-2139. Petition.
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59-2140. Consent.
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59-2141. Notice and hearing.
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59-2142. Copy of decree to former parent.
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59-2143. Consent and relinquishment form.
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59-2144. Foreign adoption; filing documents with the clerk of the district court; birth certificate.
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59-2201. Pleading.
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59-2202. Contents of petition.
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59-2203. Venue.
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59-2204. Commencement of proceeding.
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59-2205. Persons under disability.
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59-2206. No abatement.
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59-2207. Venue of actions against fiduciaries.
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59-2208. Notice fixed by court; waiver.
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59-2209. Notice by publication and mailing.
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59-2210. Form of notice.
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59-2211. Proof of service; effect.
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59-2212. Hearings and rules of evidence.
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59-2213. Judgments; verification of the petition; vacation or modification.
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59-2214. Taxation of costs and security therefor; poverty affidavit.
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59-2215. Remission of court costs in estates under $10,000 in value.
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59-2216. Disclosure proceedings.
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59-2217.
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59-2217a. Contempt of court.
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59-2218.
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59-2219. Petition for administration.
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59-2220. Petition for probate of will.
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59-2221. Who may petition for probate or administration.
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59-2222. Notice of hearing; contents.
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59-2223. Hearing; entry of appearance, waiver of notice and consent to immediate hearing.
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59-2224. Hearings for probate and for determination of validity of spouse's consent; procedure.
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59-2225. Hearing on will in opposition.
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59-2226. Will presented after probate of will.
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59-2227. Granting of letters.
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59-2228. Hearing for probate of lost will.
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59-2229. Admission of will probated outside state.
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59-2230. Admission of will probated elsewhere.
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59-2231. Record of order setting aside will probated elsewhere.
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59-2232. Hearing for administration.
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59-2233. Notice to surviving spouse.
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59-2233a. Same; K.S.A.
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59-2234. Election in case of incapacity.
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59-2235. Selection of homestead and allowances.
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59-2236. Notice to creditors.
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59-2237. Exhibition of demands and hearing thereon; allowance without hearing, when.
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59-2238. Actions pending against decedent at time of death; revivor of actions.
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59-2239. Claims against estate; time for filing; when barred.
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59-2240. Demands not due.
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59-2241. Hearing on contingent demands.
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59-2242. Sale of personal property; limitations.
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59-2243. Notice of sale at public auction.
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59-2244. Credit may be given.
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59-2245. Report of sale of personal property.
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59-2246. Partial distribution.
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59-2247. Petition and notice of final settlement.
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59-2248. Determination of advancements.
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59-2249. Hearing and final decree; real estate; distributive share subject to order of garnishment.
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59-2250. Proceedings to determine descent.
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59-2251. Decree of descent.
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59-2252. Opening judgment.
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59-2253. Petition and notice of hearing on account.
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59-2254. Representation.
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59-2255. Hearing on account.
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59-2256. Effect of court approval.
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59-2257.
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59-2258.
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59-2259.
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59-2260.
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59-2261.
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59-2262.
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59-2263.
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59-2264.
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59-2265.
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59-2266.
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59-2267.
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59-2268.
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59-2269.
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59-2270.
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59-2271.
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59-2272.
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59-2273.
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59-2274.
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59-2275.
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59-2276.
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59-2276a.
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59-2277.
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59-2278.
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59-2278a, 59-2278b.
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59-2278c.
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59-2279.
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59-2280.
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59-2281. Cases in which joinder of administration proceedings proper.
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59-2282. Same; proceedings to determine descent.
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59-2283. Joinder of administration; separate proceedings, when.
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59-2284. Same; facts as to each estate.
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59-2285.
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59-2286. Institution of proceedings; notice, hearing, order and decree; time for appeal.
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59-2287. Refusal to grant letters of administration; order; notice; termination of administration.
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59-2288. Same; apportionment of property between surviving spouse and minor children.
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59-2289. Same; appraisal may be ordered.
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59-2290. Same; act supplemental to probate code.
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59-2291. Disclaimer of interest in property; persons authorized; disclaimer instrument, contents, validity.
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59-2292. Same; filing and recordation of disclaimer instrument.
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59-2293. Same; effect of disclaimer; disclaimer barred, when; limit on disclaimant's interest of no …
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59-2294. Act supplemental to probate code.
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59-2295.
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59-2296.
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59-2301. Definitions.
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59-2302. Lease for three years or less.
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59-2303. Petition to sell, lease or mortgage real estate.
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59-2304. Notice and hearing.
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59-2305. Order.
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59-2306. Additional bond of representative.
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59-2307. Appraisement.
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59-2308. Notice of sale at public auction.
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59-2309. Report and confirmation.
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59-2310. Authorization of conveyance or lease of real estate.
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59-2311. Title conveyed by deed or other instrument executed by personal representative.
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59-2312. Real estate commission.
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59-2313. Payment of title documents.
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59-2314. Homestead of incapacitated spouse; execution of mortgage and oil, gas and other mineral leases.
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59-2315. Same; petition.
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59-2316. Same; copy of proposed lease; notice and hearing.
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59-2317. Same; guardian ad litem; duties.
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59-2318. Same; what renewed or refinanced mortgage may include.
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59-2319. Same; proceeds from lease exempt from certain liabilities.
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59-2320. Same; assignment of proceeds from lease for certain purposes.
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59-2321. Same; distribution of net proceeds of lease; revocation or modification.
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59-2322. Same; presumptive evidence that mortgage or lease properly executed.
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59-2401. Appealable orders in cases involving decedents' estates, when; bond.
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59-2401a. Appealable orders involving proceedings under chapter 59, when; bond.
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59-2402. District magistrate judges; certification of questions outside judge's jurisdiction.
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59-2402a. Request for transfer of certain matters from district magistrate judge to district judge.
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59-2402b. Same; assignment of case or specific issue.
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59-2402c.
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59-2402d. Transfer of trust estates from district magistrate judge.
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59-2403. Venue.
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59-2404. Appeals from district magistrate judges; appeal not abridged by failure to defend.
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59-2405.
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59-2406.
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59-2407.
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59-2408. Appeal from a district magistrate judge; trial on appeal; pleadings; issues; evidence.
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59-2409. Remanding appealed case to district magistrate judge.
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59-2501. Rules may be promulgated.
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59-2601. Statutes saved.
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59-2602. Effective date.
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59-2603. Application and effect of 1972 amendments.
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59-2604. Application of 1975 act; exceptions.
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59-2605. 1975 act supplemental to and part of probate code.
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59-2801. Representative for purpose of receiving and managing certain public assistance payments; petition.
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59-2802. Same; hearing, notice; findings of fact; confidential report.
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59-2803. Court order; appointment; effect.
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59-2804. Bond; accountings; removal.
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59-2805. Same; records.
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59-2901.
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59-2902.
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59-2903.
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59-2904.
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59-2905.
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59-2906.
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59-2907.
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59-2908.
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59-2909.
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59-2910.
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59-2911.
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59-2912.
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59-2913.
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59-2914.
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59-2914a.
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59-2915.
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59-2916.
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59-2916a.
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59-2917.
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59-2917a.
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59-2918.
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59-2918a.
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59-2919.
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59-2919a.
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59-2920.
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59-2921.
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59-2922.
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59-2923.
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59-2924.
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59-2925.
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59-2926.
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59-2927.
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59-2927a.
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59-2928.
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59-2929.
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59-2930.
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59-2931.
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59-2932.
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59-2933.
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59-2934.
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59-2935.
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59-2936.
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59-2937.
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59-2938.
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59-2939.
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59-2940.
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59-2941.
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59-2942.
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59-2943.
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59-2944.
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59-2945. Name and citation of act.
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59-2946. Definitions.
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59-2946a.
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59-2947. Computation of time.
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59-2948. Civil rights of persons subject to the provisions of this act.
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59-2949. Voluntary admission to treatment facility; application; written information to be given voluntary patient.
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59-2950. Discharge of a voluntary patient.
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59-2951. Right to discharge of voluntary patient; procedure.
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59-2952. Petition for involuntary commitment of a voluntary patient.
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59-2953. Investigation; emergency detention; authority and duty of law enforcement officers.
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59-2954. Emergency observation and treatment; authority of treatment facility's procedure.
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59-2955. Notice of right to communicate upon admission; notice of admission; notice of rights.
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59-2956. Emergency observation; discharge.
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59-2957. Petition for determination of mental illness; request for ex parte emergency custody order; content.
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59-2958. Ex parte emergency custody order.
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59-2959. Temporary custody order; request for; hearing procedure; determination; requirements.
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59-2960. Preliminary orders; continuances and advancement of trial.
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59-2961. Order for a mental evaluation; procedure.
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59-2962. Mental evaluation; hearing in noncustodial circumstances.
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59-2963. Notice; contents.
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59-2964. Continuance of hearings; order of referral for short-term treatment.
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59-2965. Trial upon the petition; procedure.
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59-2966. Order for treatment; dismissal.
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59-2967. Order for outpatient treatment; revocation; noncompliance; ex parte emergency custody order reviews; hearing.
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59-2968. Admissions to a state psychiatric hospital; moratorium; procedure.
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59-2969. Hearing to review status of patient; written report on treatment; procedure.
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59-2970. Transportation.
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59-2971. Change of venue.
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59-2972. Transfer by secretary for aging and disability services.
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59-2973. Discharge.
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59-2974. Notice of discharge; restoration of certain rights.
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59-2975. Unauthorized absence; procedure.
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59-2976. Administration of medications and other treatments.
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59-2977. Restraints; seclusion.
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59-2978. Rights of patients.
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59-2979. Disclosure of records.
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59-2980. Civil and criminal liability.
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59-2981. Costs; payment by residence county, when.
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59-2982. Notice of death of patients in treatment facilities.
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59-2983. Applicability to persons in custody on criminal charges.
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59-2984. Severability.
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59-2985, 59-2986.
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59-3001.
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59-3002.
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59-3003.
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59-3004.
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59-3005.
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59-3006.
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59-3007.
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59-3008.
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59-3009.
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59-3010.
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59-3011.
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59-3012.
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59-3013.
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59-3014.
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59-3015.
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59-3016.
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59-3017.
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59-3018.
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59-3018a.
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59-3019.
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59-3020.
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59-3021.
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59-3022.
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59-3023.
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59-3024, 59-3025.
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59-3026.
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59-3027.
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59-3028.
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59-3029.
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59-3030.
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59-3031.
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59-3032.
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59-3033.
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59-3034.
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59-3035.
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59-3036.
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59-3037, 59-3038.
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59-3039.
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59-3040 through 59-3049.
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59-3077.
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59-3078.
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59-3079.
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59-3080.
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59-3081.
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59-3082.
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59-3083.
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59-3084.
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59-3085.
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59-3086.
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59-3087.
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59-3088.
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59-3089.
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59-3090.
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59-3091.
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59-3092.
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59-3093.
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59-3094.
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59-3095.
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59-3096.
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59-3097.
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59-3101. Testamentary additions to trusts.
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59-3102. Effect on prior wills.
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59-3103. Uniformity of interpretation.
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59-3104. Short title.
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59-3105. Supplemental to and part of the probate code.
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59-3201. Citation of act.
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59-3202. Administration as simplified estate or supervised estate; determination by court.
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59-3203. Administration as simplified estate; applicable procedure.
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59-3204. Executor or administrator; duties.
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59-3205. Court supervision not required; exceptions; order to close estate.
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59-3206. Objections to continuing administration as simplified estate; procedure; change to supervised administration.
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59-3301. Title of act; effective date.
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59-3302. Petition; contents.
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59-3303. Notice of hearing.
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59-3304. Orders of court if informal administration appropriate; bond.
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59-3305. Orders of court if informal administration not appropriate.
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59-3306. Appraisal of property.
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59-3401. Statutory rule against perpetuities.
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59-3402. Same; nonvested property interest or power of appointment, creation.
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59-3403. Same; reformation.
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59-3404. Statutory rule against perpetuities, exclusions.
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59-3405. Same; prospective application.
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59-3406. Same; short title.
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59-3407. Same; uniformity of application and construction.
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59-3408. Same; supersession.
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59-3501. Real estate; transfer-on-death.
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59-3502. Same; filing of form with register of deeds.
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59-3503. Same; beneficiary; revocation; change; revocation by will, prohibited.
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59-3504. Transfer-on-death of interest in real estate; vesting of ownership in beneficiary; grantee …
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59-3505. Same; joint owner.
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59-3506. Same; application of K.S.A.
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59-3507. Same; nontestamentary disposition.
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59-3508. Motor vehicles; transfer-on-death.
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59-3509. Same; certificate of title.
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59-3510. Same; beneficiaries; interest; change.
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59-3511. Same; vesting of ownership in beneficiary.
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59-3512. Same; nontestamentary disposition.
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59-3513. Other nontestamentary transfers.
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