59-2239.Claims against estate; time for filing;when barred.(1) All demands, including demands of the state, against a decedent's estate,whether due or to become due, whether absolute or contingent, including anydemand arising from or out of any statutory liability of decedent or on accountof or arising from any liability as surety, guarantor or indemnitor, andincluding the individual demands of executors and administrators, shall beforever barred from payment unless the demand is presented within the later of:(a) four months from the date of first publication of notice under K.S.A.59-2236, and amendments thereto; or (b) if the identity of the creditor isknown or reasonably ascertainable, 30 days after actual notice was given,except that the provisions of the testator's will requiring the payment of ademand exhibited later shall control. No creditor shall have any claim againstor lien upon the property of a decedent other than liens existing at the dateof the decedent's death, unless a petition is filed for the probate of thedecedent's will pursuant to K.S.A. 59-2220 and amendments thereto or for theadministration of the decedent's estate pursuant to K.S.A. 59-2219 andamendments thereto within six months after the death of the decedent and suchcreditor has exhibited the creditor's demand in the manner and within the timeprescribed by this section, except as otherwise provided by this section.
(2) Nothing in this section shall affect or prevent the enforcement of aclaim arising out of tort against the personal representative of a decedentwithin the period of the statute of limitations provided for an action onsuch claim. For the purpose of enforcing such claims, the estate of thedecedent may be opened or reopened, a special administrator appointed, andsuit filed against the administrator within the period of the statute oflimitations for such action. Any recovery by the claimant in such action shallnot affect the distribution of the assets of the estate of the decedent unlessa claim was filed in the district court within the time allowed for filingclaims against the estate under subsection (1) or an action commenced asprovided in subsection (2) of K.S.A. 59-2238 and amendments thereto. The actionmay be filed in any court of competent jurisdiction and the rules of pleadingand procedure in the action shall be the same as apply in civil actions. Anysuch special administration shall be closed and the special administratorpromptly discharged when the statute of limitations for filing such actions hasexpired and no action has been filed or upon conclusion of any action filed.All court costs incurred in a proceeding under this subsection shall be taxedto the petitioner.
59-2239.Claims against estate; time for filing;when barred.(1) All demands, including demands of the state, against a decedent's estate,whether due or to become due, whether absolute or contingent, including anydemand arising from or out of any statutory liability of decedent or on accountof or arising from any liability as surety, guarantor or indemnitor, andincluding the individual demands of executors and administrators, shall beforever barred from payment unless the demand is presented within the later of:(a) four months from the date of first publication of notice under K.S.A.59-2236, and amendments thereto; or (b) if the identity of the creditor isknown or reasonably ascertainable, 30 days after actual notice was given,except that the provisions of the testator's will requiring the payment of ademand exhibited later shall control. No creditor shall have any claim againstor lien upon the property of a decedent other than liens existing at the dateof the decedent's death, unless a petition is filed for the probate of thedecedent's will pursuant to K.S.A. 59-2220 and amendments thereto or for theadministration of the decedent's estate pursuant to K.S.A. 59-2219 andamendments thereto within six months after the death of the decedent and suchcreditor has exhibited the creditor's demand in the manner and within the timeprescribed by this section, except as otherwise provided by this section.
(2) Nothing in this section shall affect or prevent the enforcement of aclaim arising out of tort against the personal representative of a decedentwithin the period of the statute of limitations provided for an action onsuch claim. For the purpose of enforcing such claims, the estate of thedecedent may be opened or reopened, a special administrator appointed, andsuit filed against the administrator within the period of the statute oflimitations for such action. Any recovery by the claimant in such action shallnot affect the distribution of the assets of the estate of the decedent unlessa claim was filed in the district court within the time allowed for filingclaims against the estate under subsection (1) or an action commenced asprovided in subsection (2) of K.S.A. 59-2238 and amendments thereto. The actionmay be filed in any court of competent jurisdiction and the rules of pleadingand procedure in the action shall be the same as apply in civil actions. Anysuch special administration shall be closed and the special administratorpromptly discharged when the statute of limitations for filing such actions hasexpired and no action has been filed or upon conclusion of any action filed.All court costs incurred in a proceeding under this subsection shall be taxedto the petitioner.
59-2239.Claims against estate; time for filing;when barred.(1) All demands, including demands of the state, against a decedent's estate,whether due or to become due, whether absolute or contingent, including anydemand arising from or out of any statutory liability of decedent or on accountof or arising from any liability as surety, guarantor or indemnitor, andincluding the individual demands of executors and administrators, shall beforever barred from payment unless the demand is presented within the later of:(a) four months from the date of first publication of notice under K.S.A.59-2236, and amendments thereto; or (b) if the identity of the creditor isknown or reasonably ascertainable, 30 days after actual notice was given,except that the provisions of the testator's will requiring the payment of ademand exhibited later shall control. No creditor shall have any claim againstor lien upon the property of a decedent other than liens existing at the dateof the decedent's death, unless a petition is filed for the probate of thedecedent's will pursuant to K.S.A. 59-2220 and amendments thereto or for theadministration of the decedent's estate pursuant to K.S.A. 59-2219 andamendments thereto within six months after the death of the decedent and suchcreditor has exhibited the creditor's demand in the manner and within the timeprescribed by this section, except as otherwise provided by this section.
(2) Nothing in this section shall affect or prevent the enforcement of aclaim arising out of tort against the personal representative of a decedentwithin the period of the statute of limitations provided for an action onsuch claim. For the purpose of enforcing such claims, the estate of thedecedent may be opened or reopened, a special administrator appointed, andsuit filed against the administrator within the period of the statute oflimitations for such action. Any recovery by the claimant in such action shallnot affect the distribution of the assets of the estate of the decedent unlessa claim was filed in the district court within the time allowed for filingclaims against the estate under subsection (1) or an action commenced asprovided in subsection (2) of K.S.A. 59-2238 and amendments thereto. The actionmay be filed in any court of competent jurisdiction and the rules of pleadingand procedure in the action shall be the same as apply in civil actions. Anysuch special administration shall be closed and the special administratorpromptly discharged when the statute of limitations for filing such actions hasexpired and no action has been filed or upon conclusion of any action filed.All court costs incurred in a proceeding under this subsection shall be taxedto the petitioner.
