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K.S.A. § 58-709

Requirement of survival by 120 hours under probate code

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58-709. Requirement of survival by 120 hours under probate code. Except as provided in K.S.A. 58-713, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead or family allowance depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other individual. This section does not apply if its application would result in a taking of intestate estate by the state.

History: L. 1992, ch. 97, § 2; July 1.

CASE ANNOTATIONS

1. Uniform simultaneous death act does not apply to determination of survivors under K.S.A. 40-3103. Polson v. Farmers Ins. Co., 288 Kan. 165, 200 P.3d 1266 (2009).


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Notes of Decisions
Cited in 2 cases, 2009–2015 · leading case: Polson v. Farmers Ins. Co., Inc.
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Polson v. Farmers Ins. Co., Inc. (2009) kan · cites it 6× “, when considered in conjunction with K.S.A. 58-709 of the Kansas Uniform Simultaneous Death Act (KUSDA), K.”
In Re the Estate of Clare (2015) kanctapp “The district court then found that pursuant to K.S.A. 58-709, both Michael and Deborah were deemed to have legally predeceased the other and, therefore, Deborah was not considered a surviving spouse.”
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.