Detailed Answer
In Kansas, a personal representative (also called an executor or administrator) may be removed from estate administration under K.S.A. 59-2239 for neglect, misconduct, incapacity or failure to perform duties. If the court issues an order removing the personal representative, you have the right to appeal that decision.
To start an appeal, you must file a Notice of Appeal with the clerk of the probate division of the district court that entered the removal order. Under Kansas Supreme Court Rule 2.04, you must file this notice within 30 days of the date the removal order is entered on the court docket.
Once the notice is filed, the case transfers to the Kansas Court of Appeals. You then must:
- Serve all interested parties with a copy of the notice.
- Pay the required filing fee or request a fee waiver.
- Prepare and file a docketing statement and record on appeal, following K.S.A. 59-2707.
- Submit an appellate brief within the deadline set by the appellate rules (generally 30 days after the case is docketed).
During the appeal, you may ask the appellate court to stay enforcement of the removal order by filing a motion for stay, but you must meet strict requirements and possibly post a bond.
If a Notice of Appeal deadline is missed, you can ask the district court to extend or reinstate under K.S.A. 60-2101(b)(1) only in very limited circumstances, such as excusable neglect.
Remember, appeals focus on legal errors made by the trial court rather than re-weighing the evidence. Common appellate issues include whether the court applied the correct legal standard for removal, whether procedures under K.S.A. Chapter 59 were followed, or whether the record supports the court’s findings.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Note the 30-day deadline for filing a Notice of Appeal under Kan. Sup. Ct. R. 2.04.
- Review K.S.A. 59-2239 for statutory grounds and procedures for removal.
- Gather the complete record, including transcripts of removal hearings.
- Consider a motion for rehearing in the district court before appealing if there are factual or clerical errors.
- Consult an attorney experienced in Kansas probate appeals to evaluate your chances and prepare appellate briefs.