59-709.
Filing of certain petitions; notice to creditors.
(a) Every petitioner who files a petition for administration or probate of a will shall give notice thereof to creditors, pursuant to an order of the court, and within 30 days after such filing. Such notice shall be published in some newspaper of the county authorized by law to publish legal notices and shall be published once a week for three consecutive weeks. A petitioner for the appointment of a successor administrator, administrator CTA or administrator DBN shall publish notice to creditors only in the event the original petitioner for administration or for the probate of a will had failed to give such notice.
(b) The personal representative of a decedent's estate shall give actual notice to known or reasonably ascertainable creditors prior to the expiration of the nonclaim statute.
(c) Notwithstanding any other notice requirements of the probate code, notice to creditors shall not be necessary if a petition for administration or probate of a will shall have been filed after the period of time prescribed by K.S.A. 59-2239, and amendments thereto, for the timely exhibit of creditors' claims.
History:
L. 1939, ch. 180, § 66; L. 1972, ch. 215, § 3; L. 1975, ch. 299, § 5; L. 1976, ch. 245, § 3; L. 1989, ch. 173, § 2; L. 2024, ch. 35, § 1; July 1.
Notes of Decisions
In Re the Est. of Reynolds, 970 P.2d 537 (Kan. 1998).
· cites it 4× “obate code the probate court is made the forum for the transaction of this business, and it is given original jurisdiction to probate the will, if decedent left one, to appoint an executor or an administrator of his estate, to require an inventory and appraisement of the assets…”
Sw. Nat'l Bank v. Est. of McDowell, 777 P.2d 826 (Kan. 1989).
· cites it 2× “It should be noted that the 1989 legislature, in response to Pope , amended K.S.A. 59-709 to require that the personal representative of a decedent’s estate give actual notice to known or reasonably ascertainable creditors prior to the expiration of the nonclaim statute.”
In re Stockwell, 295 P.3d 572 (Kan. 2013).
“], as the decedent’s surviving spouse, would be an heir of decedent and would appear to be a proper person to be appointed as special administrator pursuant to K.S.A. 59-709. Tl. If notice had been given to petitioners, they could have disclosed to the Court that the decedent…”
Crane Constr. Co. v. Klaus Masonry, 71 F. Supp. 2d 1138 (D. Kan. 1999).
· cites it 2× “Crane claims the non-claim statute is inapplicable because it never received notice of a petition for administration or probate of George Klaus’s estate as required by K.S.A. § 59-709. Notice, however, is not required unless a petition is filed, which, after George Klaus’s…”
In Re the Est. of Clare, 357 P.3d 303 (Kan. Ct. App. 2015).
· cites it 5× “In setting the hearing date, the petitioner and the court must consider the other statutes in the probate code involving notice.”
In re the Est. of Pennington, 829 P.2d 618 (Kan. Ct. App. 1992).
· cites it 6× “Therefore, the administrators contend, because of his conjectural *795 claim, Chester did not amount to a “ ‘known’ creditor,” as that term is applied in K.S.A. 1991 Supp. 59-709. “Creditor” is defined by Black’s Law Dictionary 368 (6th ed.”
Dunlap v. Nielsen, 922 F.3d 1036 (10th Cir. 2019).
“He cites no case law in support of this contention and instead bases it on Kan. Stat. Ann. § 59-709 (b), which requires that the personal representative of an estate "give actual notice to known or reasonably ascertainable creditors prior to the expiration of the nonclaim…”
In Re the Est. of Snook, 38 P.3d 684 (Kan. 2002).
· cites it 2× “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.” It is undisputed that the Turners were not given actual…”
In Re the Est. of Ragsdale, 879 P.2d 1145 (Kan. Ct. App. 1994).
“” The publication notice is to be to all persons concerned and notifies the creditors that they are required to exhibit their demands within four months of the date of the first published notice.”
In re Est. of Rickabaugh (Kan. 2017).
“59-2204 language requiring "filing a petition and causing it to be set for hearing" in order to commence a probate action.”
— K.S.A. § 59-709(a) — 2 cases
In Re the Est. of Clare, 357 P.3d 303 (Kan. Ct. App. 2015).
“In setting the hearing date, the petitioner and the court must consider the other statutes in the probate code involving notice.”
In re Est. of Rickabaugh (Kan. 2017).
“59-2204 language requiring "filing a petition and causing it to be set for hearing" in order to commence a probate action.”
— K.S.A. § 59-709(b) — 4 cases
In Re the Est. of Reynolds, 970 P.2d 537 (Kan. 1998).
“obate code the probate court is made the forum for the transaction of this business, and it is given original jurisdiction to probate the will, if decedent left one, to appoint an executor or an administrator of his estate, to require an inventory and appraisement of the assets…”
In re the Est. of Pennington, 829 P.2d 618 (Kan. Ct. App. 1992).
“Therefore, the administrators contend, because of his conjectural *795 claim, Chester did not amount to a “ ‘known’ creditor,” as that term is applied in K.S.A. 1991 Supp. 59-709. “Creditor” is defined by Black’s Law Dictionary 368 (6th ed.”
In Re the Est. of Snook, 38 P.3d 684 (Kan. 2002).
“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.” It is undisputed that the Turners were not given actual…”
In Re the Est. of Ragsdale, 879 P.2d 1145 (Kan. Ct. App. 1994).
“” The publication notice is to be to all persons concerned and notifies the creditors that they are required to exhibit their demands within four months of the date of the first published notice.”
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