Source or prior law:

22-702, 22-724, 22-725, 22-726, 22-727.

Law Review and Bar Journal References:

Annotations Nos. 35, 36, and 56 discussed in 1956-57 survey of law of administration of estates, Richard C. Harris, 6 K.L.R. 123, 125, 126 (1957).

Note on wills and debts of testator, 8 K.L.R. 143, 144 (1959).

Symposium on statutes of limitations, 9 K.L.R. 214 (1960).

Survey of the law of administration of estates, Richard C. Harris, 12 K.L.R. 127, 129 (1963).

1963-65 survey of law of administration of estates, Richard C. Harris, 14 K.L.R. 139, 144 (1965).

Expanded statute of limitations discussed in survey of Kansas nonresident estate administration, Richard C. Harris, 17 K.L.R. 325, 328, 329 (1969).

Commentary on Kansas law on statutes of limitations, 18 K.L.R. 441, 453 (1970).

"Estate Tax Deductions and Credits-The Effect of Events Occurring Subsequent to Death," Edwin W. Hecker, Jr., 44 J.B.A.K. 143, 146 (1975).

"Survey of Kansas Law: Wills, Trusts, and Probate," Richard C. Harris, 27 K.L.R. 365, 371 (1979).

"Is Kansas Probate Non Claim Statute Unconstitutional?" John F. Kuether, 54 J.K.B.A. 115, 120, 121, 125 (1985).

"Kansas Homestead Law," Roger L. Theis and Karl R. Swartz, 65 J.K.B.A. No. 3, 20, 39 (1996).

"Workers Compensation Review," Joseph Seiwert, Editor, J.K.T.L.A. Vol. 30, No. 4, 19 (2007).

Attorney General's Opinions:

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

Eligibility requirements for social welfare recipients; claims against estates of certain recipients. 92-156.

CASE ANNOTATIONS

1. Section does not revive demands barred prior to July 1, 1939. Siefkin v. Siefkin, 150 Kan. 396, 397, 398, 400, 92 P.2d 1005.

2. Time allowed for filing mentioned but not determined. Woods v. Duval, 151 Kan. 472, 482, 99 P.2d 804.

3. Mechanic's lien may be enforced in district court while administration pending. Leidigh & Havens Lumber Co. v. Wyatt, 153 Kan. 214, 218, 109 P.2d 87.

4. Section does not revive claims barred prior to July 1, 1939. Grinnell State Bank v. Fellhoelter, 153 Kan. 554, 555, 112 P.2d 116.

5. Limitation applies to estates being administered when act took effect; republication of creditor's notice unnecessary. Hurst v. Hammel, 153 Kan. 827, 829, 830, 113 P.2d 1045.

6. Inapplicable to claim made by trustee against trust fund of estate. In re Estate of Rutherford, 154 Kan. 361, 363, 118 P.2d 553.

7. Creditor's petition for appointment of administrator held filed too late; computation of time. In re Estate of Dumback, 154 Kan. 501, 504, 119 P.2d 476.

8. Creditor's claim not complying with K.S.A. 59-2202 held sufficient to toll nonclaim statute; amendment. Roberts v. Setty, 154 Kan. 505, 506, 507, 119 P.2d 539.

9. "Exhibited" under 1941 law meant filing of petition and causing it to be set for hearing. In re Estate of Dotson, 154 Kan. 562, 568, 119 P.2d 518.

10. Claim filed under 1941 law (since amended, see K.S.A. 59-2237) but not set for hearing, within nine months after notice to creditors barred. In re Estate of Whittelsey, 156 Kan. 157, 158, 160, 131 P.2d 911.

11. Contract for services to two promisors and survivor; claim against estate of promisor dying first unnecessary. In re Estate of Henry, 156 Kan. 788, 802, 137 P.2d 222.

12. Probate court has exclusive original jurisdiction of wrongful death demand against deceased wrongdoer's estate. Shively v. Burr, 157 Kan. 336, 342, 139 P.2d 401.

13. "Demands" is all inclusive; includes demand for specific performance; barred. Burns v. Drake, 157 Kan. 367, 369, 371, 139 P.2d 386.

14. Statute starts to run from date of first published notice. Hutchinson v. Pihlblad, 157 Kan. 392, 394, 396, 139 P.2d 835.

15. "All demands" defined; will contest held tantamount to demand; original exclusive jurisdiction of probate court. In re Estate of Grindrod, 158 Kan. 345, 354, 361, 148 P.2d 278.

16. Scope of "demands" discussed in concurring opinion; claim to property. Malcolm v. Larson, 158 Kan. 423, 427, 428, 429, 148 P.2d 291.

17. Demand of executor held "individual demand" and barred hereunder. In re Estate of Charles, 158 Kan. 460, 468, 148 P.2d 765. Rehearing, 159 Kan. 228, 229, 154 P.2d 117.

18. Amended petition on appeal; proceeding held will contest; action not barred. In re Estate of Pallister, 159 Kan. 7, 15, 152 P.2d 61.

19. Demand must be filed in probate court, exception; payment of redemption money for son by father, barred; "demand" is all inclusive; claimant should have administrator appointed if estate not being administered. Gantz v. Bondurant, 159 Kan. 389, 393, 394, 395, 155 P.2d 450.

20. Partnership claim held demand; barred; "demands" all inclusive; real estate. In re Estate of Bourke, 159 Kan. 553, 556, 560, 561, 156 P.2d 501.

21. Action to partition real estate; failure to comply with section; action barred. Simmons v. Gill, 161 Kan. 123, 126, 166 P.2d 574.

22. Applied; objections to final order of distribution filed too late. In re Estate of Wenzel, 161 Kan. 545, 552, 558, 170 P.2d 618.

23. If claim barred, duty of court to disallow it; right under antenuptial contract held "demand"; executor cannot waive limitation. In re Estate of Hill, 162 Kan. 385, 386, 392, 176 P.2d 515.

24. Claimant must see that representative is appointed within one year. Jardon v. Price, 163 Kan. 294, 297, 181 P.2d 469.

25. "Demands" include demand exhibited by surviving partner; construed; applied. In re Estate of Pratt, 164 Kan. 512, 515, 516, 190 P.2d 872.

26. Jurisdiction of probate and district courts fully discussed; cases reviewed. In re Estate of Thompson, 164 Kan. 518, 523, 190 P.2d 879.

27. Claim based on antenuptial agreement held "demand"; barred; jurisdiction; nonresident claimant must see that representative is appointed in time. Gebers v. Marquart, 166 Kan. 604, 606, 609, 610, 203 P.2d 125.

28. 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 Kan. 97, 101, 103, 105, 106, 107, 204 P.2d 714.

29. Probate court's jurisdiction exclusive to determine title to real estate in decedent's estate. Wright v. Rogers, 167 Kan. 297, 302, 205 P.2d 1010.

30. Section applicable to incompetent's claim against decedent's estate. Hoppas v. Bowman, 167 Kan. 761, 765, 207 P.2d 950.

31. Creditor may compel administration even if resident's estate has inconsequential assets; nonclaim provision is statute of limitations; postponement of running or tolling by pendency of legal proceedings. In re Estate of Brasfield, 168 Kan. 376, 377, 382, 384, 385, 386, 214 P.2d 305.

32. Nonclaim statute inapplicable to proceeding to establish a unitary trust. In re Estate of Demoret, 169 Kan. 171, 175, 177, 178, 181, 218 P.2d 255.

33. Inapplicable to proceeding to bring uninventoried property into estate. In re Estate of West, 169 Kan. 447, 448, 450, 452, 453, 455, 219 P.2d 418.

34. Marriage contract not "demand" hereunder; jury not required under K.S.A. 59-2408. In re Estate of Welch, 170 Kan. 107, 223 P.2d 978.

35. No limitation on time within which interested heir may petition for administrator. In re Estate of Wright, 170 Kan. 400, 403, 405, 406, 227 P.2d 131.

36. Word "within" construed; claims held filed within time required by section. In re Estate of Kruse, 170 Kan. 429, 431, 433, 434, 226 P.2d 835.

37. Petition to establish claim may be amended in district court, when. Pacific Intermountain Express Co. v. Lasswell, 171 Kan. 108, 109, 110, 111, 229 P.2d 771.

38. Action not taking from or adding to estate; statute inapplicable. Kendall v. Kendall, 171 Kan. 222, 223, 224, 231 P.2d 212.

39. Statute applicable although property claimed not listed in inventory. In re Estate of Paronto, 172 Kan. 7, 9, 238 P.2d 464.

40. Section applicable to incompetent's claim against decedent's estate. Hoppas v. Bowman, 167 Kan. 761, 765, 207 P.2d 950; In re Estate of Bowman, 172 Kan. 17, 21, 22, 238 P.2d 486.

41. Claim governed by this section; not limitation statutes; filed within time. In re Estate of Hilliard, 172 Kan. 552, 553, 555, 241 P.2d 729.

42. Vested rights of lessee in oil lease does not constitute a demand against decedent's lessor's estate. Harding v. Continental Pipe Line Co., 172 Kan. 724, 729, 730, 243 P.2d 199.

43. Allegations held sufficient to establish claim. In re Estate of Boller, 173 Kan. 30, 40, 244 P.2d 678.

44. Mentioned; action for support of incompetent adult children survives death of parents. In re Estate of Glass, 175 Kan. 246, 252, 262 P.2d 934.

45. Discussed; proceedings by creditors; sufficiency of notice under G.S. 1949, 59-2222 determined. In re Estate of Garnand, 177 Kan. 168, 172, 277 P.2d 602.

46. Cited in considering application of Nebraska nonclaim statute. Meenen v. Meenen, 178 Kan. 510, 515, 289 P.2d 766.

47. Applied to amended claim in district court. In re Estate of Forster, 179 Kan. 547, 550, 297 P.2d 174.

48. Car of $75 value constitutes estate; creditor of nonresident may compel administration. In re Estate of Shultz, 180 Kan. 444, 447, 304 P.2d 539.

49. District court has jurisdiction in partition action to determine heir's interest. Hurley v. Painter, 180 Kan. 552, 558, 306 P.2d 184.

50. Administrator not appointed within one year; sustaining demurrer to creditor's claim proper. In re Estate of Jordon, 180 Kan. 581, 583, 306 P.2d 135.

51. Section applicable to claim involving oral contract to convey realty. In re Estate of Ray, 180 Kan. 634, 636, 306 P.2d 190.

52. Widow's seeking construction of will held not to constitute demand. In re Estate of Weidman, 181 Kan. 718, 724, 725, 314 P.2d 327.

53. Assertion of rights as legatee not exhibition of "demand"; inapplicable. In re Estate of Walton, 183 Kan. 238, 241, 242, 326 P.2d 264.

54. Action to take something out of estate; action to bring assets into estate; action by one estate against another estate; probate court's jurisdiction. Hildenbrand v. Brand, 183 Kan. 414, 327 P.2d 887.

55. Petition asserting rights as heirs not a claim; amendment properly denied; claim barred. In re Estate of Lytle, 184 Kan. 304, 305, 308, 336 P.2d 803.

56. Amended petition held to reassert claim sufficiently alleged in original petition; statute tolled. In re Estate of Manweiler, 185 Kan. 343, 347, 348, 349, 342 P.2d 730.

57. Assertion of rights under postnuptial agreement by collateral heirs not a "demand." McCormick v. Maddy, 186 Kan. 154, 155, 157, 164, 348 P.2d 1007.

58. Original petition filed in time; amended; amended petition relates back, when. In re Estate of Shirk, 186 Kan. 311, 313, 316, 350 P.2d 1.

59. Property sought to be recovered not part of decedent's estate; section inapplicable. Windscheffel v. Wright, 187 Kan. 678, 690, 360 P.2d 178.

60. Action in district court to establish alleged equitable mortgage on personal property constituted a demand; probate court jurisdiction. Shields v. Fink, Executrix, 190 Kan. 17, 23, 24, 25, 28, 372 P.2d 252.

61. District court equity jurisdiction not limited by this section if objection waived. National Reserve Life Ins. Co. v. Hand, 190 Kan. 180, 183, 184, 186, 187, 373 P.2d 194.

62. Jurisdiction of action to get something out of an estate is exclusively in probate court; causes of action improperly joined in district court; one should be dismissed. Weaver, Administrator v. White, 190 Kan. 291, 297, 374 P.2d 219.

63. Nonclaim statute is not tolled by continuation of business of decedent. In re Estate of Wolfe, 190 Kan. 581, 584, 585, 376 P.2d 825.

64. Claim need not be filed where interest involved never became part of decedent's estate. Ortmann v. Kraemer, 190 Kan. 716, 720, 378 P.2d 26.

65. Tort action by nonresident against decedent's administrator; jurisdiction. Prater v. Poirier, 134 F. Supp. 499, 500, 501.

66. Mentioned; amended petition for allowance filed after nine months; unverified; second amendment permitted. In re Estate of Wilkison, 192 Kan. 285, 387 P.2d 152.

67. Claim of surviving spouse under antenuptial contract in conflict with provision of will held claim against estate. In re Estate of Sterba, 193 Kan. 56, 60, 392 P.2d 136.

68. Mentioned; liability or indemnity insurance policy constitutes such an estate of a nonresident insured decedent as to justify administration in state. In re Estate of Preston, 193 Kan. 145, 147, 392 P.2d 922.

69. Does not bar welfare claim for assistance supplied previously deceased spouse. In re Estate of Schwarz, 197 Kan. 267, 268, 271, 416 P.d 760.

70. Section is statute of limitation under K.S.A. 60-501 and controls claims existing at date of tort-feasor's death. In re Estate of Wood, 198 Kan. 313, 314, 315, 316, 320, 424 P.2d 528.

71. Specific performance of oral contract to devise in consideration of services. Roberts v. Coffey, Administrator, 198 Kan. 695, 696, 426 P.2d 30.

72. Lack of verification not a defect affecting jurisdiction; amendment of claim subject to judicial discretion. In re Estate of Shaffer, 203 Kan. 264, 266, 454 P.2d 1.

73. Discussed; order staying proceeding in wrongful death action pending federal court decision upheld. Henry, Administrator v. Stewart, 203 Kan. 289, 291, 294, 454 P.2d 7.

74. Nonclaim statute inapplicable when probate court has no jurisdiction over the estate. Barr, Administratrix v. MacHarg, Administrator, 203 Kan. 612, 617, 455 P.2d 516.

75. Cited in construing automobile liability coverage. Government Employees Insurance Company v. Wineteer, 409 F.2d 1333, 1335.

76. Mentioned where joint will had not been offered for probate within five years and no claim for damages filed within the statutory period. In re Estate of Zimmerman, 207 Kan. 354, 356, 485 P.2d 215.

77. Mentioned that the statute is a statute of limitation and falls within the purview of K.S.A. 60-501. Gifford v. Saunders, 207 Kan. 360, 362, 485 P.2d 195.

78. Attack on will not "claim" within meaning of statute. In re Estate of Messenger, 208 Kan. 763, 769, 494 P.2d 1107.

79. Cited; action for garnishment of insurer; automobile liability policy not true asset of deceased insured's estate. Nichols v. Marshall, 491 F.2d 177, 180.

80. Claim against estate based on oral contract to bequeath or devise by will is claim under this statute and not a will contest. In re Estate of Goodburn, 210 Kan. 740, 742, 745, 504 P.2d 740.

81. Claimant in possession under bill of sale by decedent not required to file claim; district court's jurisdiction. Oswald v. Weigel, 215 Kan. 928, 931, 932, 934, 529 P.2d 117.

82. Claim properly filed within time; not a collateral attack against court judgment. In re Estate of Teichgraeber, 217 Kan. 373, 391, 537 P.2d 174.

83. Demand based on joint and contractual will held barred by section; remedy. Salvation Army v. Estate of Pryor, 1 Kan. App. 2d 592, 593, 601, 570 P.2d 1380.

84. Executor including own property in inventory of estate not required to file claim within prescribed time. In re Estate of Mellott, 1 Kan. App. 2d 709, 713, 714, 574 P.2d 960.

85. Construed; claim of partner's lien at time of death does not extend time for filing against estate. Sprague, Administrator v. Copenbarger, Executor, 222 Kan. 265, 266, 267, 564 P.2d 486.

86. Section includes party attempting to revive under K.S.A. 60-225; claim held barred by all pertinent statutes of limitations. Gatewood v. Bosch, 2 Kan. App. 2d 474, 476, 477, 478, 479, 480, 581 P.2d 1198.

87. Creditor not denied due process or equal protection where notice of appointment of representative is given only by publication. Gano Farms, Inc. v. Estate of Kleweno, 2 Kan. App. 2d 506, 510, 511, 582 P.2d 742.

88. Creditor's petition for administration could not serve as petition for allowance of demand; denial of claim. In re Estate of Jones, 3 Kan. App. 2d 63, 64, 65, 588 P.2d 960.

89. Applied; failure to comply with section; defendant cannot collaterally attack probate court decision by counterclaim to partition action. Adams v. Adams, 4 Kan. App. 2d 1, 3, 5, 6, 602 P.2d 115.

90. Inapplicable in civil action; deceased defendant, a Missouri resident, did not die possessed of property having situs in Kansas. Livingston v. Bias, 7 Kan. App. 2d 287, 288, 640 P.2d 362 (1982).

91. 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 Kan. 671, 672, 673, 674, 675, 676, 677, 665 P.2d 192 (1983).

92. Cited; cause of action on performance bonds survived death of guarantors. United States v. Estate of Baxter, 568 F. Supp. 707, 710 (1983).

93. Under complex but indisputed facts, claims filed on decedent's stock certificate after six months of first publication notice barred. Young v. Wheeler, 234 Kan. 845, 850, 676 P.2d 748 (1984).

94. If petition in district court filed pursuant hereto, deficiency judgment over security valid demand against estate. Ram Co. v. Estate of Kobbeman, 236 Kan. 751, 764, 696 P.2d 936 (1985).

95. 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 Kan. App. 2d 540, 545, 729 P.2d 464 (1986).

96. Statute is statute of limitations and not adjudication of rights; due process rights of known creditor not violated. In re Estate of Madden, 241 Kan. 414, 415, 416, 424, 736 P.2d 940 (1987).

97. Doctrine of "equitable adoption" not recognized in Kansas; request to enforce equitable contract must be filed within statute. In re Estate of Robbins, 241 Kan. 620, 625, 626, 738 P.2d 458 (1987).

98. Plaintiff's estate as properly substituted party in action for money owed, FDIC as receiver of banks asserting counterclaim examined. Estate of Rains v. Federal Deposit Ins. Corp., 702 F. Supp. 1520, 1521 (D. Kan. 1988).

99. Action against transfer to delay or hinder creditors or purchasers (K.S.A. 33-102) as not barred by nonclaim statute determined. Gorham State Bank v. Sellens, 244 Kan. 688, 772 P.2d 793 (1989).

100. Statute unconstitutional insofar as not requiring actual notice to be given to creditors known or reasonably ascertainable. In re Estate of McDowell, 245 Kan. 278, 280, 777 P.2d 826 (1989).

101. Where action duly revived (K.S.A. 60-225), appellate decision, if any, noted as final judgment perfecting demand. In re Estate of Rains, 249 Kan. 178, 180, 815 P.2d 61 (1991).

102. Plaintiff's remedy for medical malpractice claim against deceased health care provider is to bring action against the deceased's estate. Sharples v. Roberts, 249 Kan. 286, 291, 816 P.2d 390 (1991).

103. Where debtors and creditor did not enter into reaffirmation when debt discharged, creditor's lien did not survive discharge. In Re Williams, 9 B.R. 228, 229, 234 (1981).

104. Cited; whether shooting was intentional or accidental for insurance coverage purposes examined. Harris v. Richards, 254 Kan. 549, 550, 867 P.2d 325 (1994).

105. 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).

106. Enforcement of a contractual will against decedent's estate constitutes demand against estate and not will contest. In re Estate of Watson, 21 Kan. App. 2d 133, 134, 896 P.2d 401 (1995).

107. Petition for refusal to grant letters constituted petition for administration sufficient to toll time requirements hereof. In re Estate of Kinnett, 23 Kan. App. 2d 842, 935 P.2d 1090 (1997).

108. 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, 451, 970 P.2d 537 (1998).

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

110. Limited liability company not liable for debts of sole proprietorship predecessor. Crane Const. Co. v. Klaus Masonry, LLC, 114 F. Supp. 2d 1116, 1119 (2000).

111. Trial court lacked authority to award attorney fees to claimed creditor. In re Estate of Wolf, 32 Kan. App. 2d 1247, 96 P.3d 1110 (2004).

112. Attachment of option agreement providing for recovery of attorney fees to timely filed petition for allowance and classification of demand against estate held not an adequate and timely claim for such fees. In re Estate of Wolf, 279 Kan. 718, 112 P.3d 94 (2005).

113. Acts as complete bar to claims on decedent's estate that are not timely filed. In re Estate of Tracy, 36 Kan. App. 2d 401, 404, 140 P.3d 1045 (2006).

114. Creditor must commence action against decedent's estate within six months of decedent's death. Nelson v. Nelson, 38 Kan. App. 2d 64, 65, 66, 67, 74, 162 P.3d 43 (2007).

115. Mentioned in action involving interpretation of antenuptial agreement; statute inapplicable to estate property. Estate of Draper v. Bank of America, 38 Kan. App. 2d 183, 186, 164 P.3d 827 (2007).

116. Decedent's assets wrongfully transferred, nonclaim statute no bar to marshaling assets by executor. Estate of Draper v. Bank of America, 288 Kan. 510, 205 P.3d 698 (2009).

117. Third party beneficiary claim that decedent breeched contract by transferring assets is covered by nonclaim statute. Nelson v. Nelson, 288 Kan. 570, 205 P.3d 715 (2009).

118. Person cannot be served before being a named defendant; valid service must be issued to named party. Le v. Joslin, 41 Kan. App. 2d 280, 202 P.3d 677 (2009).

119. Statute does not ban the pursuit of action against decedent's estate when the ultimate object of suit is the assets of the decedent's liability insurance carrier. Kannaday v. Ball, 44 Kan. App. 2d 65, 234 P.3d 826 (2010).

120. Statute is inapplicable to the enforcement of liens existing at the date of the decedent's death. U.S. Bank v. Homie, 47 Kan. App. 2d 690, 280 P.3d 225 (2012).

121. Petition seeking the right to administer an estate is not time barred by the six-month deadline for filing a claim against an estate. In re Estate of Brenner, 52 Kan. App. 2d 71, 77, 362 P.3d 30 (2015).

122. District court did not err in finding that vehicles were owned by heir where claimant failed to file petition against estate within six months of decedent's death, despite claimant retaining possession of the vehicles. Moulden v. Kan. Dep't of Revenue, et al., 42 Kan. App. 2d 798, 800, 404 P.3d 690 (2017).

123. Lack of intent to provide actual notice of limitations period did not negate actual notice given. Dunlap v. Nielsen, 922 F.3d 1036, 1043, 1044 (10 th Cir. 2019).

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