Brief ⁽¹⁾

HB 2673 amends the Probate Code to provide the following:

• Increases the homestead allowance to the surviving spouse and minor children from the current $25,000 to $35,000.



• Raises the amount from the current $10,000 to $20,000 regarding certain personal property that can be transferred to the decedent's successor(s) without having been given letters of administration or letters testamentary.



• Raises the amount, from the current $1,000 to $5,000, for certain monthly benefits that can be paid to the appropriate decedent's survivor(s).



• Increases the amount for small estates from $500 to $5,000 for remittance of court costs purposes.



• Raises the amount, from the current $1,500 to $5,000, regarding certain demands against the estate which may be paid by the executor or administrator without compliance provisions such as petition, notice of a hearing, and allowance by the court.



• Increases the amount, from the current $25,000 to $35,000, governed by the refusal to grant letters of administration, in small estates, which has been tied to the homestead allowance.



• Raises the amount under appealable orders which allows or disallows a demand when the amount in controversy exceeds $500. Currently, the amount is $50.

Background

The bill was requested by the Judicial Council's Probate Law Advisory Committee. An attorney member of the Committee appeared in support of the bill.

An official with the Kansas Bankers Association appeared in general support of the bill.

An exact fiscal note was unavailable when the bill was passed.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html