Kansas Statutes Annotated

K.S.A. § 58-701 (2026)

Repealed

✓ current as of May 2026
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58-701.

History: L. 1947, ch. 239, § 1; Repealed, L. 1992, ch. 97, § 12; July 1.

CASE ANNOTATIONS

1. The question of survivorship is determined by evidence; circumstantial evidence sufficient; evidence sufficient that persons died other than simultaneously. In re Estate of Pyke, 199 Kan. 1, 2, 4, 6, 8, 427 P.2d 67.

2. Act referred to; survivor convicted of killing joint tenant; succession to interest in property (dissenting opinion). In re Estate of Shields, 224 Kan. 604, 612, 584 P.2d 139.

3. Cited in discussing application of Anti-Lapse Statute. In re Estate of Stroble, 6 Kan. App. 2d 955, 957, 636 P.2d 236 (1981).

4. In a simultaneous death, the estate of deceased wife was not entitled to a one-half interest in the estate of deceased husband; property of each disposed of as if each had survived the other. Estate of Nancy Schweizer v. Estate of Roland Schweizer, 7 Kan. App. 2d 128, 129, 638 P.2d 378 (1982).


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Notes of Decisions
Cited in 6 cases, 1978–1983 · leading case: Harper Ex Rel. Harper v. Prudential Ins. Co. of Am., 662 P.2d 1264 (Kan. 1983).
Sort: Relevance Newest Treatment
Harper Ex Rel. Harper v. Prudential Ins. Co. of Am., 662 P.2d 1264 (Kan. 1983). · cites it 2× “A proviso was added that when any person shall kill or cause the killing of his or her spouse, and shall then take his or her own life, the estates and property of both persons shall be disposed of as if their deaths were simultaneous pursuant to the provisions of K.”
Est. of Nancy Schweizer v. Est. OF ROLAND, 638 P.2d 378 (Kan. Ct. App. 1981). · cites it 3× “: This appeal concerns the Uniform Simultaneous Death Law (K.S.A. 58-701 et seq.). Roland E. Schweizer and Nancy Sue Schweizer were husband and wife.”
In Re Est. of Shields, 584 P.2d 139 (Kan. 1978). · cites it 2× “59-513 which prohibits the taking of any interest in joint tenancy property by a joint tenant convicted of slaying the deceased joint tenant and which brings the murder-suicide situation into the simultaneous death provisions of K.S.A. 58-701 to 58-705, inclusive. It is ironic…”
In Re Est. of Stroble, 636 P.2d 236 (Kan. Ct. App. 1981). · cites it 2× “It first noted the Kansas Uniform Simultaneous Death Law (K.S.A. 58-701), which provides as follows: “58-701.”
In Re Est. of Shields, 574 P.2d 229 (Kan. Ct. App. 1978). “beneficiary under a trust or otherwise from such other person any portion of his estate or property in which the decedent had an interest: Provided, That when any person shall kill or cause the killing of his spouse, and shall then take his own life, the estates and property of…”
Mitchelson v. Sandstrom, 580 P.2d 1310 (Kan. 1978). “der a trust or otherwise from such other person any portion of the estate or property in which the decedent had an interest: Provided, That when any person shall kill or cause the killing of his or her spouse, and shall then take his or her own life, the estates and property of…”
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.