In Ames v. Ames, 170 Kan. 227, 225 P.2d 85, 87 (Kan. 1950), a mother and her two sons were cotenants of a piece of real property. After the mother died and her estate opened in probate court, one of her sons filed a separate action for partition of the property and for reimbursement of the costs expended to improve the land over the years. The Kansas Supreme Court determined that because the son had an existing interest in the property, he "occupied the same position as complete strangers would occupy towards decedent's estate" and was within his rights as cotenant to request the court to divide up the property outside of the probate proceedings, despite the fact that the property was listed as an asset of the mother's estate. Id.