59-709. Filing of certain petitions; notice to creditors. (a) Every petitioner who files a petition for administration or probate of a will shall give notice thereof to creditors, pursuant to an order of the court, and within 30 days after such filing. Such notice shall be published in some newspaper of the county authorized by law to publish legal notices and shall be published once a week for three consecutive weeks. A petitioner for the appointment of a successor administrator, administrator CTA or administrator DBN shall publish notice to creditors only in the event the original petitioner for administration or for the probate of a will had failed to give such notice.
(b) The personal representative of a decedent's estate shall give actual notice to known or reasonably ascertainable creditors prior to the expiration of the nonclaim statute.
(c) Notwithstanding any other notice requirements of the probate code, notice to creditors shall not be necessary if a petition for administration or probate of a will shall have been filed after the period of time prescribed by K.S.A. 59-2239, and amendments thereto, for the timely exhibit of creditors' claims.
History: L. 1939, ch. 180, § 66; L. 1972, ch. 215, § 3; L. 1975, ch. 299, § 5; L. 1976, ch. 245, § 3; L. 1989, ch. 173, § 2; L. 2024, ch. 35, § 1; July 1.
Source or prior law:
22-329, 22-731, 22-732, 22-733.
Revisor's Note:
See "Judicial Council, 1939" note under 59-2209.
Law Review and Bar Journal References:
"A Practical Review of the 1975 Kansas Probate Code Revisions," Philip S. Frick, 44 J.B.A.K. 137, 139 (1975).
"Opportunities and Problems Under the Kansas Informal Administration Act," Nancy Schmidt Roush and Richard L. Zinn, 61 J.K.B.A. No. 6, 34, 38 (1992).
Attorney General's Opinions:
Transfer of motor vehicle title of decedent; creditors' claims. 87-55.
CASE ANNOTATIONS
1. Notice defect in nonclaim statute (K.S.A. 59-2239) cured by 1989 amendments hereto. In re Estate of McDowell, 245 Kan. 278, 280, 777 P.2d 826 (1989).
2. Administrators not allowed to determine validity of claims for purpose of notice to creditors. In re Estate of Pennington, 16 Kan. App. 2d 792, 829 P.2d 618 (1992).
3. Whether claimant was known creditor entitled to actual notice before nonclaim statute expired examined. In re Estate of Ragsdale, 19 Kan. App. 2d 1084, 1085, 879 P.2d 1145 (1994).
4. Known creditor's claim not time barred where estate failed to sufficiently notify creditor of statute of limitations. In re Estate of Reynolds, 266 Kan. 449, 457, 970 P.2d 537 (1998).
5. Claim not properly filed against deceased party as sole proprietorship. Crane Const. Co. v. Klaus Masonry, 71 F. Supp. 2d 1138, 1143 (1999).
6. Statutory phrase "cause it to be set for hearing" construed in para materia to require the petitioner to obtain an executed order from the district court setting the petition for hearing. In re Estate of Claire, 51 Kan. App. 2d 886, 895, 357 P.3d 303 (2015).
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