Printable Format59-2238. Actions pending against decedent at time of death; revivor of actions. (1) Any action pending against any person at the time of such person's death, which by law survives against the executor or administrator, shall be considered a demand legally exhibited against such estate from the time such action shall be revived. Such action shall be revived in the court in which it was pending and such court shall retain jurisdiction to try and determine said action.
(2) Any action commenced against any executor or administrator after the death of the decedent shall be considered a demand legally exhibited against such estate from the time of serving the original process on such executor or administrator.
(3) The judgment creditor shall file a certified copy of the judgment obtained in an action such as described in subsection (1) or (2) of this section in the proper district court within thirty (30) days after said judgment becomes final.
History: L. 1939, ch. 180, § 214; L. 1951, ch. 343, § 1; L. 1976, ch. 242, § 36; January 10, 1977.
Source or prior law:
22-703, 22-704, 22-707.
Law Review and Bar Journal References:
Quoted in discussion of equity powers, Samuel E. Bartlett, 11 J.B.A.K. 134, 141 (1942).
"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. District court action to foreclose mechanic's lien held demand legally exhibited. Leidigh & Havens Lumber Co. v. Wyatt, 153 Kan. 214, 219, 109 P.2d 87.
3. District court's jurisdiction over claims against decedent while administration pending discussed. Grinnell State Bank v. Fellhoelter, 153 Kan. 554, 557, 112 P.2d 116.
4. 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.
5. Construed with K.S.A. 59-1303; district court's jurisdiction over claims against decedents' estates limited. Egnatic v. Wollard, 156 Kan. 843, 850, 852, 137 P.2d 188.
6. Probate court has exclusive original jurisdiction of wrongful death demand against deceased wrongdoer's estate. Shively v. Burr, 167 Kan. 336, 340, 346, 139 P.2d 401.
7. Jurisdiction of district court in action commenced before decedent's death determined. Searight v. Chor, 170 Kan. 271, 225 P.2d 118.
8. Mentioned; administrator may revive decedent's quiet title action in district court. Collins v. Richardson, 171 Kan. 152, 156, 159, 230 P.2d 1018.
9. Wrongful death action not legally exhibited demand if action not revived. Riley v. Fallon, 179 Kan. 224, 229, 294 P.2d 253.
10. Applied; district court action to establish alleged equitable mortgage on personalty constituted demand; probate court jurisdiction. Shields v. Fink, Executrix, 190 Kan. 17, 24, 25, 372 P.2d 252.
11. Considered; motion to revive action timely filed. Thompson v. Bennett, Administrator, 196 Kan. 129, 136, 410 P.2d 291.
12. Construed with K.S.A. 59-2239; tort claim not exhibited within statutory time; inapplicable to pendente lite lien. Gatewood v. Bosch, 2 Kan. App. 2d 474, 479, 581 P.2d 1198.
13. 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).
14. Where action duly revived (K.S.A. 60-225) and judgment entered against estate, appellate decision, if any, is final judgment perfecting demand. In re Estate of Rains, 249 Kan. 178, 185, 815 P.2d 61 (1991).
15. 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).