Source or prior law:

22-208, 22-301.

Law Review and Bar Journal References:

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

"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).

Attorney General's Opinions:

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

CASE ANNOTATIONS

1. 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.

2. Widow not estopped from claiming statutory share by offering will for probate. In re Estate of Garden 158 Kan. 554, 564, 148 P.2d 745.

3. Person having claim against estate is a "person interested in estate." In re Estate of Erwin, 167 K.316, 317, 319, 205 P.2d 925.

4. Executor is "person interested in estate" and may file petition. In re Estate of Smith, 168 Kan. 210, 212, 213, 214, 212 P.2d 322.

5. 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.

6. Petition for administrator by interested heir; not barred by K.S.A. 59-2239. In re Estate of Wright, 170 Kan. 400, 403, 227 P.2d 131.

7. Creditor is interested person within section; determination of estate's liability, when. In re Estate of Garnand, 177 Kan. 168, 171, 277 P.2d 602.

8. Mentioned; right of illegitimate child to inherit considered. In re Estate of Case, 180 Kan. 53, 54, 299 P.2d 589.

9. Under facts decedent's attorney held "person interested in estate." In re Estate of Johnson, 180 Kan. 740, 748, 308 P.2d 100.

10. Special administrator is "person interested in the estate." In re Estate of Morgans, 188 Kan. 50, 52, 58, 60, 360 P.2d 1069.

11. Applied in construing K.S.A. 39-719a; demand against surviving spouse. (Dissenting opinion.) In re Estate of Schwarz, 197 Kan. 267, 273, 416 P.2d 760.

12. Nonclaim statute (K.S.A. 59-2239), is statute of limitation controlling claims existing at date of tortfeasor's death. In re Estate of Wood, 198 Kan. 313, 318, 424 P.2d 528.

13. Executor qualified and it is his duty to petition for probate of will. In re Estate of Harper, 202 Kan. 150, 157, 446 P.2d 738.

14. Mentioned in case holding that probate court may charge the cost of administering a no-asset estate to the creditor who petitioned for administration of the estate. State Department of Social Welfare v. Emert, 205 Kan. 393, 394, 469 P.2d 435.

15. Tort claimant is "person interested in estate"; entitled to petition for probate or administration. Gatewood v. Bosch, 2 Kan. App. 2d 474, 478, 581 P.2d 1198.

16. 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, 588 P.2d 960.

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

18. Executor of will is a "person interested in the estate" and may file a petition for probate of will. In re Estate of Milward, 31 Kan. App. 2d 786, 73 P.3d 155 (2003).