In re Estate of RickabaughAnnotate this Case
At issue in this case was the interpretation of the procedural requirements that the Kansas Probate Code sets for parties petitioning for probate. Specifically, this appeal concerned a contest between the disinherited son (Son) of the decedent and the son’s daughters (Granddaughters), who were the beneficiaries under the decedent’s will. In its final order, the district court held that the decedent’s estate passed under the will to the Granddaughters in equal shares. The Supreme Court affirmed the analysis and conclusions of both the district court and the court of appeals as to the issues raised in an appeal and petition for review, holding (1) an order setting aside the order admitting the will to probate did not end the proceeding; (2) the district court did not commit reversible error in concluding that the Granddaughters timely commenced a probate proceeding; and (3) the district court did not commit reversible error when it refused to find that a putative 1997 will revoked the 1992 will.