Session of 1998
SENATE BILL No. 638
By Senator Gooch
2-11
9
AN ACT concerning probate; relating to
distribution; amending K.S.A.
10 59-1507b and repealing
the existing section.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section 1. K.S.A.
59-1507b is hereby amended to read as follows: 59-
14 1507b. (a) When a resident of the state
dies, whether testate or intestate,
15 if the total assets of the estate of the
decedent do not exceed $10,000 in
16 value, the surviving spouse of the
decedent, if entitled by will or by in-
17 testate succession to moneys on deposit in
the account of the decedent
18 in any bank, trust company, savings and
loan association or credit union
19 located in this state, shall be paid,
without having been granted letters
20 testamentary or letters of administration,
the moneys on deposit, not in
21 excess of
$1,000 $5,000, upon furnishing
the bank, trust company, savings
22 and loan association or credit union with
an affidavit showing the entitle-
23 ment of the spouse to receive the moneys.
Payment of the moneys to the
24 spouse shall be deemed to be a payment to
the personal representative
25 of the decedent, and the receipt of the
spouse shall constitute a full dis-
26 charge and release from any further claim
for such payment to the same
27 extent as if the payment had been made to
an executor or administrator
28 of the decedent's estate. The affidavit
required to be furnished under the
29 provisions of this subsection shall be
substantially as follows:
| 30 |
State of Kansas |
) |
| 31 |
|
) |
ss. |
| 32 |
County of
____________ |
) |
33 ____________, being duly sworn, says:
34 (1) On ________, 19__,
________ (decedent) died ________ (testate
35 or intestate) at ________ (location),
leaving an estate not exceeding $10,000 in value.
36 (2) The undersigned is
the surviving spouse of ________ (decedent) and is
entitled
37 by ________ (decedent's will or by
succession) to any money of ________ (de-
38 cedent) deposited in ________ (specify
bank, trust company, savings and loan associ-
39 ation or credit union).
40 (3) There is on deposit
with ________ (specify bank, trust company, savings and
41 loan association or credit union and, if
applicable, specify branch) the sum of $_______
42 in Account No. ________ in the name of
________ (decedent).
43 The undersigned requests that
________ (such sum or specify amount not exceeding
SB 638
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1 $1,000
$5,000) be paid to the undersigned, without procurement of
letters ___________
2 (testamentary or of
administration).
3 (4) The
undersigned has not, nor has anyone on behalf of the undersigned,
withdrawn
4 or received any funds on deposit in
this account, except the sum of $________ (if
5 applicable).
6 (Jurat)
(Signature)
7 (b) When a
resident of the state dies, whether testate or intestate, if
8 the total assets of the estate of the
decedent do not exceed $10,000 in
9 value, any personal property in the
form of moneys, stock, evidence of
10 indebtedness, interest or right
transferable to the decedent's estate by
11 any corporation or person shall be
transferred to the successor or suc-
12 cessors of the decedent, if entitled
thereto by will or by intestate succes-
13 sion, without having been granted letters
of administration or letters tes-
14 tamentary, upon such successor's or
successors' furnishing the
15 corporation or person with an affidavit
showing entitlement thereto.
16 Transfer of such personal property to the
successor or successors shall be
17 deemed to be a transfer to the personal
representative of the decedent,
18 and the receipt of the successor or
successors shall constitute a full dis-
19 charge and release from any further claim
for such transfer to the same
20 extent as if the transfer had been made to
an executor or administrator
21 of the decedent's estate. The affidavit
required to be furnished under the
22 provisions of this subsection shall be
substantially as follows:
| 23 |
State of Kansas |
) |
| 24 |
|
) |
ss. |
| 25 |
County of
__________ |
) |
26 ________ (name of affiant(s)) being
duly sworn state:
27 (1) On ________, 19__,
________ (decedent) died ________ (testate
28 or intestate) at ________ (location),
leaving an estate not exceeding $10,000 in value,
29 and I have attached a certified copy of the
death certificate hereto.
30 (2) That no petition for
the appointment of an executor or administrator of the dece-
31 dent's estate is pending or has been
granted.
32 (3) That all unpaid
debts, claims or demands against the decedent or the decedent's
33 estate and all estate and inheritance taxes
due, if any, on the property transfers involved,
34 have been or will be paid.
35 (4) That the following
are the names, ages, relationships and addresses of the benefi-
36 ciaries under the decedent's will or heirs
of the decedent:
| 37 |
|
Name |
Age |
Relationship |
Address |
38 (5) That the decedent's
estate consists of the following property: (include the
proceeds
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3
1 from policy no. ______):
2 Property
$ Value
3
__________________________________________________________________________
4
__________________________________________________________________________
5
__________________________________________________________________________
6
__________________________________________________________________________
7
__________________________________________________________________________
8 (6) That
affiant(s) has(have) the sole and exclusive right to succeed to the
personal
9 property of the decedent and that
affiant(s) is(are) over 18 years of age and is(are) legally
10 competent in all respects to make this
affidavit and to receive the above mentioned personal
11 property, apportioned among the affiants,
if more than one as follows: _____________________ .
12 Wherefore, affiant(s) hereby
request(s) that the above mentioned personal property be
13 transferred to the affiant(s).
14 (Jurat)
____________________
15
Signature(s)
16 Sec. 2. K.S.A.
59-1507b is hereby repealed.
17 Sec. 3. This act
shall take effect and be in force from and after its
18 publication in the statute book.
19