Kansas Statutes Annotated

K.S.A. § 60-1902 (2026)

Plaintiff

✓ current as of May 2026
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60-1902. Plaintiff. The action may be commenced by any one of the heirs at law of the deceased who has sustained a loss by reason of the death. Any heir who does not join as a party plaintiff in the original action but who claims to have been damaged by reason of the death shall be permitted to intervene therein. The action shall be for the exclusive benefit of all of the heirs who has sustained a loss regardless or whether they all join or intervene therein, but the amounts of their respective recoveries shall be in accordance with the subsequent provisions of this article.

History: L. 1963, ch. 303, 60-1902; January 1, 1964.

Notes of Decisions
Cited in 55 cases (15 in the last 5 years), 1969–2026 · leading case: Siruta Ex Rel. Heirs at Law of Siruta v. Siruta, 348 P.3d 549 (Kan. 2015).
Siruta Ex Rel. Heirs at Law of Siruta v. Siruta, 348 P.3d 549 (Kan. 2015). · cites it 12× “60-1902 also provides that a wrongful deatíi action “shall be for tire exclusive benefit of all of the heirs who [have] sustained a loss regardless of whether they all join or intervene” in the suit.”
Johnson v. McArthur, 596 P.2d 148 (Kan. 1979). · cites it 10× “"THEREUPON, the court after hearing arguments of counsel and being duly advised in the premises and upon reconsideration of said motion finds, that K.S.A. 60-1902 provides that the action may be maintained by any one of the heirs-at-law of the deceased who has sustained a loss…”
Martin v. Naik, 300 P.3d 625 (Kan. 2013). · cites it 2× “) In addition, the recoverable losses, as defined by the Kansas Legislature, are not those suffered by the deceased but are the pecuniary and nonpe-cuniary damages incurred by an heir at law, including such things as bereavement, loss of society, loss of marital care, loss of…”
Draughon v. United States, 103 F. Supp. 3d 1266 (D. Kan. 2015). · cites it 4× “K.S.A. § 60-1902; see also Marler, 960 . F.”
Marler v. Hiebert, 960 F. Supp. 253 (D. Kan. 1997). · cites it 6× “1997), holding that one who brings a wrongful death action under K.S.A. § 60-1902 is a legal representative of the decedent’s estate for purposes of 28 U.”
Turman v. Ameritruck Refrigerated Transp., Inc., 125 F. Supp. 2d 444 (D. Kan. 2000). · cites it 6× “K.S.A. § 60-1902. If the interveners desired an active role in the settlement negotiations of the suit, they should have exercised their right to intervene at that stage in the litigation.”
Shelton v. DeWitte, 26 P.3d 650 (Kan. 2001). · cites it 5× “The court stated the rule as follows: “Where a childless deceased is survived by a widow, the widow is the deceased’s sole heir at law and she (or her personal representative) is the only *835 person authorized by K.S.A. 60-1902 to bring an action for the wrongful death of the…”
Martin v. Naik, 228 P.3d 1092 (Kan. Ct. App. 2010). · cites it 3× “” K.S.A. 60-1902. The action is brought on behalf of all the heirs who sustained a loss.”
Est. of Randolph v. City of Wichita, 459 P.3d 802 (Kan. Ct. App. 2020). “See K.S.A. 60-1902 (heir may bring wrongful death action).”
Natalini v. Little, 92 P.3d 567 (Kan. 2004). · cites it 2× “60-1901 will combine to cut it off before it can accrue, he., before the death giving rise to the action has occurred.”
Guffy Ex Rel. Reeves v. Guffy, 631 P.2d 646 (Kan. 1981). · cites it 2× “See K.S.A. 60-1902, 60-1905. Such an anomaly would be created if there is liability insurance available and interspousal immunity is abrogated.”
Tank v. Chronister, 951 F. Supp. 182 (D. Kan. 1997). · cites it 4× “K.S.A. § 60-1902 states who may bring such an action: The action may be commenced by any one of the heirs at law of the deceased who has sustained a loss by reason of the death.”
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