Kansas Statutes Annotated

K.S.A. § 40-258 (2026)

Actions to recover death benefits based on certain policies; distribution

✓ current as of May 2026
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40-258. Actions to recover death benefits based on certain policies; distribution. Where any person shall die and no personal representative is or has been appointed, a civil action for the recovery of death benefits based on any policy of insurance, wherein the beneficiary is not named or the beneficiary named is the estate of the decedent and where the face amount of the insurance provided in the policy is one thousand dollars or less, may be brought by the widow, or, where there is no widow, by the next of kin of such deceased. The amount recovered in any such action shall inure to the exclusive benefit of the widow and children, if any, or next of kin, to be distributed in the same manner as personal property of the deceased.

History: L. 1943, ch. 153, § 1; June 28.

CASE ANNOTATIONS

1. Action by heir of deceased based on tort held not good. Harvey v. United Ins. Co., 173 Kan. 227, 235, 245 P.2d 1185.


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Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: In re: Amro M. Samy & Darla G. Samy (Bankr. D. Kan. 2025).
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In re: Amro M. Samy & Darla G. Samy (Bankr. D. Kan. 2025). · cites it 3× “§ 40-414 , § 60-2313(a)(7), and § 40-258; (2) a Prudential Life Insurance Policy (Whole) Cash Value Beneficiary: Darla Samy, with an unknown value, exempted under Kan.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.