59-2236.
Notice to creditors.
(a) The publication notice to creditors shall be to all persons concerned. It shall state the date of the filing of the petition for administration or petition for probate of a will and shall notify the creditors of the decedent to exhibit their demands against the estate within four months from the date of the first published notice as provided by law and that, if their demands are not thus exhibited, they shall be forever barred. The notice to creditors required by this section shall be combined with the notice for probate or administration required by K.S.A. 59-2222 and amendments thereto, except that, if the notice required pursuant to K.S.A. 59-2222 and amendments thereto is waived pursuant to K.S.A. 59-2223 and amendments thereto, the notice to creditors required by K.S.A. 59-709 and amendments thereto and this section shall be published separately.
(b) Actual notice required by subsection (b) of K.S.A. 59-709, and amendments thereto, may include, but not be limited to, mailing a copy of the published notice, by first class mail, to creditors within a reasonable time after their identities and addresses are ascertained.
History:
L. 1939, ch. 180, § 212; L. 1972, ch. 215, § 15; L. 1975, ch. 299, § 20; L. 1976, ch. 245, § 4; L. 1985, ch. 191, § 37; L. 1989, ch. 173, § 4; July 1.
Notes of Decisions
In Re the Estate of Reynolds (1998)
kan · cites it 6×
“59-2236(a), that probably would comport with tire statutory definition of actual notice in K.S.A. 1991 Supp. 59-2236(b). However, there does not appear to be any evidence in the record that the administrators did in fact give oral notice to Chester.”
Nelson v. Nelson (2009)
kan
“any demand arising from or out of any statutory liability of decedent or on account of or arising from any liability as surety, guarantor or indemnitor, and including the individual demands of executors and administrators, shall be forever barred from payment unless the demand…”
Dunlap v. Nielsen (2019)
ca10 · cites it 4×
“All creditors of the decedent are notified to exhibit their demands against the Estate within the later of four months from the date of first publication of notice under K.S.A. 59-2236 and amendments thereto, or if the identity of the creditor is known or reasonably…”
Nelson v. Nelson (2007)
kanctapp
“ng any demand arising from or out of any statutoiy liability of decedent or on account of or arising from any liability as surety, guarantor or indemnitor, and including the individual demands of executors and administrators, shall be forever barred from payment unless the…”
Hurst v. Hammel (1941)
kan · cites it 4×
“Appellant contends that in order for the administrator of the estate to take advantage of the nine months’ limitation period in the new code, it was necessary for him to publish a new notice of his appointment, containing the notice to creditors as provided in section 59-2236,…”
Bertels v. Farm Bureau Property & Casualty Insurance Company (2024)
ca10
“any demand arising from or out of any statutory liability of decedent or on account of or arising from any liability as surety, guarantor or indemnitor, and including the individual demands of executors and administrators, shall be forever barred from payment unless the demand…”
Gano Farms, Inc. v. Estate of Kleweno (1978)
kanctapp · cites it 4×
“The issue raised is whether a creditor may constitutionally be barred when the only notice given of the appointment of a decedent’s personal representative is publication notice in accordance with K.S.A. 59-2236. The creditor, Gano Farms, Inc.”
Gorham State Bank v. Sellens (1989)
kan
“Berniece Sellens, as executrix, first published the notice to creditors required by K.S.A. 1988 Supp. 59-2236 on January 20, 1986.”
Gatewood v. Bosch (1978)
kanctapp · cites it 3×
“K.S.A. 59-2236 et seq. is the portion of the probate code that establishes the mechanism for presenting demands against an estate.”
In re the Estate of Pennington (1992)
kanctapp · cites it 6×
“If the administrators had orally notified Chester that he only had four months to file his claim from the date of the first publication and given him the notice that is required to be conveyed by K.S.A. 1991 Supp. 59-2236(a), that probably would comport with the statutory…”
Union National Bank & Trust Co. v. Estate of Werning (1983)
kan · cites it 2×
“On May 19, 1981, notice to creditors was published pursuant to K.S.A. 59-2236 by the decedent’s estate. On May 26, 1981, the conservator bank filed a petition in the conservatorship for final settlement including allowance of fiduciary fees and expenses.”
In Re the Estate of Jones (1979)
kanctapp
“” The notice of hearing on the petition for administration together with the notice to creditors (K.S.A. 59-2236) was first published on August 15, 1977.”
— K.S.A. § 59-2236(a) — 3 cases
In Re the Estate of Reynolds (1998)
kan
“59-2236(a), that probably would comport with tire statutory definition of actual notice in K.S.A. 1991 Supp. 59-2236(b). However, there does not appear to be any evidence in the record that the administrators did in fact give oral notice to Chester.”
In re the Estate of Pennington (1992)
kanctapp
“If the administrators had orally notified Chester that he only had four months to file his claim from the date of the first publication and given him the notice that is required to be conveyed by K.S.A. 1991 Supp. 59-2236(a), that probably would comport with the statutory…”
— K.S.A. § 59-2236(b) — 3 cases
In Re the Estate of Reynolds (1998)
kan
“59-2236(a), that probably would comport with tire statutory definition of actual notice in K.S.A. 1991 Supp. 59-2236(b). However, there does not appear to be any evidence in the record that the administrators did in fact give oral notice to Chester.”
In re the Estate of Pennington (1992)
kanctapp
“If the administrators had orally notified Chester that he only had four months to file his claim from the date of the first publication and given him the notice that is required to be conveyed by K.S.A. 1991 Supp. 59-2236(a), that probably would comport with the statutory…”
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