Printable Format59-2237. Exhibition of demands and hearing thereon; allowance without hearing, when. (a) Any person may exhibit a demand against the estate of a decedent by filing a petition for its allowance in the proper district court. Such demand shall be deemed duly exhibited from the date of the filing of the petition. The petition shall contain a statement of all offsets to which the estate is entitled. The person exhibiting the demand shall provide a copy of the demand, as filed, to the personal representative of the estate. The court shall from time to time as it deems advisable, and must at the request of the executor or administrator, or at the request of any creditor having exhibited demand, fix the time and place for the hearing of such demands. Notice of the time and place of the demand hearing shall be given in such manner and to such persons as the court shall direct.
(b) The verification of any demand may be deemed prima facie evidence of its validity unless a written defense thereto is filed. Upon the adjudication of any demand, the court shall enter its judgment allowing or disallowing it. Such judgment shall show the date of adjudication, the amount allowed, the amount disallowed and classification if allowed. Judgments relating to contingent demands shall state the nature of the contingency.
(c) Any demand not exceeding $10,000, other than a demand by the executor or administrator, duly itemized and verified and which is timely filed, may be paid by the executor or administrator without compliance with any of the provisions of this act relating to petition, notice of hearing, allowance by the court or otherwise. If a written defense to the petition of the executor or administrator for a final settlement and accounting is timely filed by any interested party which takes issue with payment of the demand by the executor or administrator, at the hearing on the petition the burden of proof shall be upon the executor or administrator to establish that the demand was due and owing by the estate. If the demand, or any part thereof, is disallowed by the court, the accounting of the executor or administrator shall not be allowed as to the disallowed demand, or part thereof.
History: L. 1939, ch. 180, § 213; L. 1941, ch. 284, § 10; L. 1943, ch. 213, § 3; L. 1974, ch. 238, § 1; L. 1976, ch. 242, § 35; L. 1987, ch. 212, § 1; L. 1989, ch. 173, § 5; L. 2000, ch. 25, § 6; L. 2023, ch. 77, § 10; July 1.
Source or prior law:
22-705, 22-708, 22-709, 22-711, 22-712, 22-713, 22-714, 22-715, 22-727, 22-913.
Cross References to Related Sections:
Contents of petition, see 59-2202.
Allowance and payment of demands against conservatee's estate, see 59-3082.
Law Review and Bar Journal References:
Symposium on statutes of limitation, 9 K.L.R. 179, 214 (1960).
Validity of Kansas probate decisions in federal courts, Fred L. Haag, 13 K.L.R. 149, 150 (1964).
Commentary on Kansas law on statutes of limitation, 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, 148 (1975).
"Money Left on the Table," Gerald W. Scott, J.K.T.L.A. Vol. XV, No. 2, 9 (1991).
CASE ANNOTATIONS
1. Cited in action against administrator on demand against estate; limitations, waiver. Allen v. Turner, 152 Kan. 590, 594, 106 P.2d 715.
2. 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.
3. Limitation in K.S.A. 59-2239 applies to estates being administered when act took effect; republication of creditors' notice unnecessary. Hurst v. Hammel, 153 Kan. 827, 829, 830, 113 P.2d 1045.
4. Creditor's petition for appointment of administrator held filed too late; computation of time. In re Estate of Dumback, 154 Kan. 501, 503, 119 P.2d 476.
5. Procedure for allowance and payment of creditor's claim stated and applied; claim barred. In re Estate of Dotson, 154 Kan. 562, 568, 119 P.2d 518.
6. Claim filed, but not set for hearing, within nine months after notice to creditors barred. In re Estate of Whittelsey, 156 Kan. 157, 159, 160, 161, 162, 131 P.2d 911.
7. Executor cannot waive bar of statute of limitations; pleading bar unnecessary. In re Estate of Badger, 156 Kan. 734, 137 P.2d 198.
8. Probate court's original exclusive jurisdiction over claims against decedents' estates determined. Egnatic v. Wollard, 156 Kan. 843, 847, 854, 855, 137 P.2d 188.
9. "Demands" is all inclusive; includes demand for specific performance; barred. Burns v. Drake, 157 Kan. 367, 368, 139 P.2d 386.
10. 1943 amendment operates prospectively not retrospectively. In re Estate of Cramer, 159 Kan. 693, 694, 695, 696, 158 P.2d 383.
11. Claim; proof, burden, sufficiency; implied obligation for services rendered decedent, presumption. In re Estate of House, 164 Kan. 610, 192 P.2d 179.
12. 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, 204 P.2d 714.
13. Creditor may compel administration even if resident's estate has inconsequential assets. In re Estate of Brasfield, 168 Kan. 376, 381, 214 P.2d 305.
14. Jurisdiction of district court in action commenced before decedent's death determined. Searight v. Chor, 170 Kan. 271, 274, 225 P.2d 118.
15. Proper pleading to oppose demand is written defense; demurrer improper; sole function of judge to allow or disallow demand after hearing. In re Estate of Fast, 170 Kan. 352, 354, 225 P.2d 1056.
16. Applied in construing K.S.A. 59-2239; claims filed in time within meaning of statute. In re Estate of Kruse, 170 Kan. 429, 434, 226 P.2d 835.
17. Construed with K.S.A. 59-1303 and 59-1304; mortgage indebtedness allowed as demand; will construed. In re Estate of Cline, 170 Kan. 496, 499, 227 P.2d 157.
18. Mentioned; action to adjudicate title to realty. In re Estate of Slaven, 177 Kan. 185, 189, 277 P.2d 580.
19. Petition asserting rights of heirs not a claim; amendment properly denied; claim barred. In re Estate of Lytle, 184 Kan. 304, 307, 308, 336 P.2d 803.
20. Decedent executed note held equitable mortgage; claim filed hereunder equivalent to demand. Hill v. Hill, 185 Kan. 389, 399, 345 P.2d 1015.
21. Probate proceeding; what pleadings proper in probate court and district court determined. In re Estate of Shirk, 186 Kan. 311, 315, 350 P.2d 1.
22. Applied; district court action to establish alleged personal property mortgage constituted demand; probate court jurisdiction. Shields v. Fink, Executrix, 190 Kan. 17, 29, 372 P.2d 252.
23. Tort action by nonresident against decedent's administrator; jurisdiction. Prater v. Poirier, 134 F. Supp. 499, 500, 501.
24. Any claim for services by widow which survived antenuptial agreement and will must be presented in probate court. West v. Prairie State Bank, 200 Kan. 263, 271, 436 P.2d 402.
25. Application mentioned in upholding order staying wrongful death proceeding pending federal court action. Henry, Administrator v. Stewart, 203 Kan. 289, 294, 454 P.2d 7.
26. Alimony and child support obligations do not survive death of husband absent clear intent in separation agreement. In re Estate of Sweeney, 210 Kan. 216, 220, 499 P.2d 56.
27. 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.
28. Applied; district court exceeded its authority by authorizing administrator to accept any compromise settlement absent a hearing on specific settlement. In re Estate of Stahl, 226 Kan. 48, 51, 52, 53, 54, 596 P.2d 121.
29. 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, 674, 665 P.2d 192 (1983).
30. If petition in district court filed pursuant to K.S.A. 59-2239, deficiency judgment over security valid demand against estate. Ram Co. v. Estate of Kobbeman, 236 Kan. 751, 763, 764, 696 P.2d 936 (1985).
31. 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, 181, 815 P.2d 61 (1991).
32. Cited; whether an applicant in a probate proceeding is relieved of burden of proof where no opposing party examined. In re Estate of Murdock, 20 Kan. App. 2d 170, 177, 884 P.2d 749 (1994).
33. Demand against estate effective from petition filing date; to timely commence probate proceeding petition must additionally be set for hearing. In re Estate of Thompson, 24 Kan. App. 2d 321, 944 P.2d 732 (1997).
34. Probate court had jurisdiction to hear motion for reinstatement of maintenance following payor's death. In re Estate of Dahlstorm, 26 Kan. App. 2d 664, 666, 992 P.2d 1256 (1999).