Source or prior law:

22-208, 22-301.

Law Review and Bar Journal References:

"Is Kansas Probate Non Claim Statute Unconstitutional?" John F. Kuether, 54 J.K.B.A. 115 (1985).

"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).

Attorney General's Opinions:

Transfer of motor vehicle title of decedent; creditors' claims. 87-55.

CASE ANNOTATIONS

1. Creditor's petition for appointment of administrator held filed too late; computation of time. In re Estate of Dumback, 154 K. 501, 503, 119 P.2d 476.

2. Widow not estopped from claiming statutory share by offering will for probate. In re Estate of Garden 158 K. 554, 564, 148 P.2d 745.

3. Person having claim against estate is a "person interested in estate." In re Estate of Erwin, 167 K.316, 317, 319, 205 P.2d 925.

4. Executor is "person interested in estate" and may file petition. In re Estate of Smith, 168 K. 210, 212, 213, 214, 212 P.2d 322.

5. Creditor may compel administration even if resident's estate has inconsequential assets. In re Estate of Brasfield, 168 K. 376, 381, 214 P.2d 305.

6. Petition for administrator by interested heir; not barred by 59-2239. In re Estate of Wright, 170 K. 400, 403, 227 P.2d 131.

7. Creditor is interested person within section; determination of estate's liability, when. In re Estate of Garnand, 177 K. 168, 171, 277 P.2d 602.

8. Mentioned; right of illegitimate child to inherit considered. In re Estate of Case, 180 K. 53, 54, 299 P.2d 589.

9. Under facts decedent's attorney held "person interested in estate." In re Estate of Johnson, 180 K. 740, 748, 308 P.2d 100.

10. Special administrator is "person interested in the estate." In re Estate of Morgans, 188 K. 50, 52, 58, 60, 360 P.2d 1069.

11. Applied in construing 39-719a; demand against surviving spouse. (Dissenting opinion.) In re Estate of Schwarz, 197 K. 267, 273, 416 P.2d 760.

12. Nonclaim statute (59-2239), is statute of limitation controlling claims existing at date of tortfeasor's death. In re Estate of Wood, 198 K. 313, 318, 424 P.2d 528.

13. Executor qualified and it is his duty to petition for probate of will. In re Estate of Harper, 202 K. 150, 157, 446 P.2d 738.

14. Mentioned in case holding that probate court may charge the cost of administering a no-asset estate to the creditor who petitioned for administration of the estate. State Department of Social Welfare v. Emert, 205 K. 393, 394, 469 P.2d 435.

15. Tort claimant is "person interested in estate"; entitled to petition for probate or administration. Gatewood v. Bosch, 2 K.A.2d 474, 478, 581 P.2d 1198.

16. Creditor's petition for administration could not serve as petition for allowance of demand; denial of claim. In re Estate of Jones, 3 K.A.2d 63, 588 P.2d 960.

17. Claim not properly filed against deceased party as sole proprietorship. Crane Const. Co. v. Klaus Masonry, 71 F.Supp.2d 1138, 1143 (1999).

18. Executor of will is a "person interested in the estate" and may file a petition for probate of will. In re Estate of Milward, 31 K.A.2d 786, 73 P.3d 155 (2003).