Kansas Statutes Annotated

K.S.A. § 59-1304 (2026)

Encumbered assets

✓ current as of May 2026

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59-1304. Encumbered assets. When any assets of the estate are encumbered by mortgage, pledge, or otherwise, the executor or administrator may pay such encumbrance or any part thereof, whether or not the holder of the encumbrance has exhibited his or her demand, if it appears to be for the best interest of the estate and if the court shall have so ordered. No such payment shall increase the share of the devisee, legatee, or heir entitled to receive such encumbered assets, unless otherwise provided in the will.

History: L. 1939, ch. 180, § 98; July 1.

Notes of Decisions

Cited in 1 case, 1990–1990 · leading case: Farmers State Bank v. Friesen, 803 P.2d 1049 (Kan. Ct. App. 1990).

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Farmers State Bank v. Friesen, 803 P.2d 1049 (Kan. Ct. App. 1990). “) The entirety of Article 13 deals with debts and assets of a decedent’s estate and how the debts should be satisfied from the assets of the estate.”

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