K.S.A. » Chapter 59

K.S.A. § 59-2238

Actions pending against decedent at time of death; revivor of actions

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59-2238. Actions pending against decedent at time of death; revivor of actions. (1) Any action pending against any person at the time of such person's death, which by law survives against the executor or administrator, shall be considered a demand legally exhibited against such estate from the time such action shall be revived. Such action shall be revived in the court in which it was pending and such court shall retain jurisdiction to try and determine said action.

(2) Any action commenced against any executor or administrator after the death of the decedent shall be considered a demand legally exhibited against such estate from the time of serving the original process on such executor or administrator.

(3) The judgment creditor shall file a certified copy of the judgment obtained in an action such as described in subsection (1) or (2) of this section in the proper district court within thirty (30) days after said judgment becomes final.

History: L. 1939, ch. 180, § 214; L. 1951, ch. 343, § 1; L. 1976, ch. 242, § 36; January 10, 1977.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1978–2024 · leading case: Ram Company, Inc. v. Estate of Kobbeman
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Ram Company, Inc. v. Estate of Kobbeman (1985) kan · cites it 6× “2d 118 (1950), which states: "It appears the framers of the act and the legislature which enacted it K.S.A. 59-2238 intended to provide a simple and direct procedure for the legal exhibition of demands, under the particular circumstances stated in the first two sentences of the…”
In re the Estate of Rains (1991) kan · cites it 10× “59-2239); nor was a certified copy of the judgment filed within 30 days of its entry pursuant to K.S.A. 59-2238. FDIC filed its notice of appeal therefrom on September 21, 1990 (filed within 30 days after the denial of its motion for reconsideration).”
Sharples v. Roberts (1991) kan · cites it 2× “40-3411(a) provides for an action to be brought in a court of appropriate jurisdiction "where the claim is against an inactive health care provider covered by the fund who does not have liability insurance in effect which is applicable to the claim and the claimant and…”
Bertels v. Farm Bureau Property & Casualty Insurance Company (2024) ca10 “Any recovery by the claimant in such action shall not affect the distribution of the assets of the estate of the decedent unless a claim was filed in the district court within the time allowed for filing claims against the estate under subsection (1) or an action commenced as…”
Gatewood v. Bosch (1978) kanctapp · cites it 5× “K.S.A. 59-2238 (Corrick) defines the meaning of “exhibiting a demand” as it relates to lawsuits against a decedent’s estate.”
Commerce Bank, N.A. v. Bolander (2007) kanctapp “59-1303; K.S.A. 59-2238(2). Commerce later amended its petition to include the Trust as a defendant in the Chapter 60 action.”
Estate of Rains v. Federal Deposit Ins. Corp. (1988) ksd “K.S.A. 59-2238(1). The de *1523 mand must be made “within four months after the date of the first published notice to creditors.”
Union National Bank & Trust Co. v. Estate of Werning (1983) kan “Any recovery by the claimant in such action shall not affect the distribution of the assets of the estate of the decedent unless a claim was filed in the district court within the time allowed for filing claims against the estate under subsection (1) of this section or an action…”
Bertels v. Farm Bureau Property and Casualty Insurance Co. (2023) ksd “Any recovery by the claimant in such action shall not affect the distribution of the assets of the estate of the decedent unless a claim was filed in the district court within the time allowed for filing claims against the estate under subsection (1) or an action commenced as…”
— K.S.A. § 59-2238(1) — 1 case
Estate of Rains v. Federal Deposit Ins. Corp. (1988) ksd “K.S.A. 59-2238(1). The de *1523 mand must be made “within four months after the date of the first published notice to creditors.”
— K.S.A. § 59-2238(2) — 3 cases
Ram Company, Inc. v. Estate of Kobbeman (1985) kan “2d 118 (1950), which states: "It appears the framers of the act and the legislature which enacted it K.S.A. 59-2238 intended to provide a simple and direct procedure for the legal exhibition of demands, under the particular circumstances stated in the first two sentences of the…”
Commerce Bank, N.A. v. Bolander (2007) kanctapp “59-1303; K.S.A. 59-2238(2). Commerce later amended its petition to include the Trust as a defendant in the Chapter 60 action.”
Gatewood v. Bosch (1978) kanctapp “K.S.A. 59-2238 (Corrick) defines the meaning of “exhibiting a demand” as it relates to lawsuits against a decedent’s estate.”
— K.S.A. § 59-2238(3) — 1 case
In re the Estate of Rains (1991) kan “59-2239); nor was a certified copy of the judgment filed within 30 days of its entry pursuant to K.S.A. 59-2238. FDIC filed its notice of appeal therefrom on September 21, 1990 (filed within 30 days after the denial of its motion for reconsideration).”
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