In Re the Estate of Strader

The opinion of the court was delivered by

Nuss, C.J.:

Per the general rule stated in K.S.A. 59-617, no will is effective unless a petition is filed for probate of the will within 6 months of the date of the testator’s death. The Marshall County District Court nevertheless admitted Betty Jo Strader’s will to probate when it was found in her attorney’s office more than 4 years after her death and court intestacy proceedings were well underway. One of Betty Jo’s five adult children, Janet Pralle, appealed the admission of the will.

A panel of the Court of Appeals affirmed the district court,…