Printable Format59-2236. Notice to creditors. (a) The publication notice to creditors shall be to all persons concerned. It shall state the date of the filing of the petition for administration or petition for probate of a will and shall notify the creditors of the decedent to exhibit their demands against the estate within four months from the date of the first published notice as provided by law and that, if their demands are not thus exhibited, they shall be forever barred. The notice to creditors required by this section shall be combined with the notice for probate or administration required by K.S.A. 59-2222 and amendments thereto, except that, if the notice required pursuant to K.S.A. 59-2222 and amendments thereto is waived pursuant to K.S.A. 59-2223 and amendments thereto, the notice to creditors required by K.S.A. 59-709 and amendments thereto and this section shall be published separately.
(b) Actual notice required by subsection (b) of K.S.A. 59-709, and amendments thereto, may include, but not be limited to, mailing a copy of the published notice, by first class mail, to creditors within a reasonable time after their identities and addresses are ascertained.
History: L. 1939, ch. 180, § 212; L. 1972, ch. 215, § 15; L. 1975, ch. 299, § 20; L. 1976, ch. 245, § 4; L. 1985, ch. 191, § 37; L. 1989, ch. 173, § 4; July 1.
Source or prior law:
22-329.
Cross References to Related Sections:
Executors and administrators to give notice of appointment, see 59-709.
Law Review and Bar Journal References:
Survey of Kansas nonresident estate administration, Richard C. Harris, 17 K.L.R. 325, 328 (1969).
"A Practical Review of the 1975 Kansas Probate Code Revisions," Philip S. Frick, 44 J.B.A.K. 137, 139 (1975).
"Will Substitutes in Kansas," Jana J. Deines and Michael E. McMahon, 23 W.L.J. 132 (1983).
"Is Kansas Probate Non Claim Statute Unconstitutional?" John F. Kuether, 54 J.K.B.A. 115, 127 (1985).
Attorney General's Opinions:
Eligibility requirements for social welfare recipients; claims against estates of certain recipients. 92-156.
CASE ANNOTATIONS
1. Limitation in 59-2239 applies to estates being administered when act took effect; republication of creditors' notice unnecessary. Hurst v. Hammel, 153 K. 827, 829, 830, 113 P.2d 1045.
2. "Demands" include demand exhibited by surviving partner; construed; applied. In re Estate of Pratt, 164 K. 512, 516, 190 P.2d 872.
3. Decedent's daughter's claim to estate based on marriage contract held not a demand; nonclaim statute inapplicable; presentation on final settlement proper; "demand" cases reviewed and distinguished. In re Estate of Welch, 167 K. 97, 104, 204 P.2d 714.
4. Mentioned; nonclaim statute inapplicable to proceeding to bring property into estate. In re Estate of West, 169 K. 447, 454, 219 P.2d 418.
5. Mentioned; district court action to foreclose equitable mortgage arising from decedent's note. Hill v. Hill, 185 K. 389, 402, 345 P.2d 1015.
6. Mentioned; amended petition for allowance filed after nine months; unverified; second amendment permitted. In re Estate of Wilkison, 192 K. 285, 387 P.2d 152.
7. Nonclaim statute (59-2239), is statute of limitation controlling claims existing at date of tort-feasor's death. In re Estate of Wood, 198 K. 313, 319, 424 P.2d 528.
8. Provisions noted in applying 59-2239; tort claim not exhibited within statutory time; action dismissed. Gatewood v. Bosch, 2 K.A.2d 474, 478, 581 P.2d 1198.
9. Creditor not denied due process or equal protection where notice of appointment of representative by publication only. Gano Farms, Inc. v. Estate of Kleweno, 2 K.A.2d 506, 507, 511, 582 P.2d 742.
10. 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.
11. Conservator's fees allowed in conservatorship proceedings barred unless petition for allowance of demand is timely filed in decedent's estate. Union Nat'l Bank & Trust Co. v. Estate of Werning, 233 K. 671, 674, 665 P.2d 192 (1983).
12. Publication notice to known creditor that decedent's estate being administered satisfies due process and equal protection; equitable estoppel inapplicable. In re Estate of Madden, 11 K.A.2d 540, 545, 729 P.2d 464 (1986).
13. Due process rights of known creditor not violated; 59-2239 is statute of limitations and not adjudication of rights. In re Estate of Madden, 241 K. 414, 416, 736 P.2d 940 (1987).
14. Action against transfer to delay or hinder creditors (33-102) as not barred by nonclaim statute (59-2239) determined. Gorham State Bank v. Sellens, 244 K. 688, 689, 772 P.2d 793 (1989).
15. Administrators not allowed to determine validity of claims for purpose of notice to creditors. In re Estate of Pennington, 16 K.A.2d 792, 829 P.2d 618 (1992).
16. Whether claimant was known creditor entitled to actual notice before nonclaim statute expired examined. In re Estate of Ragsdale, 19 K.A.2d 1084, 1085, 879 P.2d 1145 (1994).