Kansas Statutes Annotated

K.S.A. § 60-2313 (2026)

Exemptions from legal process

✓ current as of May 2026
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60-2313. Exemptions from legal process. (a) Except to the extent otherwise provided by law, every person residing in this state shall have exempt from seizure and sale upon any attachment, execution or other process issued from any court in this state:

(1) Any pension, annuity, retirement, disability, death or other benefit exempt from process pursuant to K.S.A. 12-111a, 12-5005, 13-1246a, 13-14,102, 13-14a10, 14-10a10, 20-2618, 72-2683, 72-5526, 74-4923, 74-4978g, 74-49,105 or 74-49,106, and amendments thereto.

(2) Any public assistance benefits exempt pursuant to K.S.A. 39-717 and amendments thereto.

(3) Any workers' compensation exempt from process pursuant to K.S.A. 44-514 and amendments thereto.

(4) Any unemployment benefits exempt from process pursuant to K.S.A. 44-718 and amendments thereto.

(5) Any crime victims compensation award exempt from process pursuant to K.S.A. 74-7313 and amendments thereto.

(6) Any liquor license, club license or cereal malt beverage wholesaler's or distributor's license exempt from process pursuant to K.S.A. 41-326, 41-2629 or 41-2714, and amendments thereto.

(7) Any interest in any policy of insurance or beneficiary certificates upon a person's life exempt from process pursuant to K.S.A. 40-414 and amendments thereto.

(8) Any fraternal benefit society benefit, charity, relief or aid exempt from process pursuant to K.S.A. 40-711 and amendments thereto.

(9) Any trust funds held in a cemetery merchandise trust and exempt from process pursuant to K.S.A. 16-328 and amendments thereto.

(10) Any funds held in an account or trust established pursuant to a prearranged funeral agreement, plan or contract and exempt from process pursuant to K.S.A. 16-310 and amendments thereto.

(b) This section shall be part of and supplemental to article 23 of chapter 60 of the Kansas Statutes Annotated.

History: L. 1987, ch. 225, § 1; L. 1989, ch. 239, § 8; L. 1998, ch. 93, § 75; January 1, 1999.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2002–2025 · leading case: Decker & Mattison Co. v. Wilson, 44 P.3d 341 (Kan. 2002).
Decker & Mattison Co. v. Wilson, 44 P.3d 341 (Kan. 2002). · cites it 8× “Workers compensation benefits are generally exempted from seizure and sale to satisfy a judgment as provided in K.S.A. 2001 Supp. 60-2313: “(a) Except to the extent otherwise provided by law, every person residing in this state shall have exempt from seizure and sale upon any…”
In Re DeThample, 390 B.R. 716 (Bankr. D. Kan. 2008). “Because the 401(k) is identified on Schedule C as a Cessna plan, the Court does not believe debtors cited the correct statutory authority for exempting the 401(k).”
In Re Thompson, 311 B.R. 822 (Bankr. D. Kan. 2004). “60-2304(c) which limits the $20,000 exemption to one means of conveyance and K.S.A. 60-2313(a)(1) which does not contain such a limitation and refers to the protection of "any pension, annuity, retirement, disability, death or other benefit exempt from process pursuant to…”
In Re Tessendorf, 449 B.R. 793 (Bankr. D. Kan. 2011). · cites it 2× “§ 44-514 (a) (2000) and Kan. Stat. Ann. § 60-2313 (a)(3) (2005). 16 .”
– Leaf Funding, Inc. v. Simmons Med. Clinic (Kan. Ct. App. 2017). · cites it 15× “Simmons argued that all of the money in the first two accounts came from his private disability insurance policy, which he claimed was exempt under K.S.A. 60-2313. The bank statements showed that the money was from Northwestern Mutual.”
Linda Lee Stutsman (Bankr. D. Kan. 2025). · cites it 5× “Under Kan. Stat. Ann. § 44-514 , “no claim for compensation, or compensation agreed upon, awarded, adjudged, or paid” shall be subject to recovery or collection of a debt, and the “exemption cannot be waived.”
In re: Amro M. Samy & Darla G. Samy (Bankr. D. Kan. 2025). · cites it 5× “Objection to Exemption of the Life Insurance Policies Under Kan. Stat. Ann. § 60-2313 (a)(7), debtors can exempt “[a]ny interest in any policy of insurance or beneficiary certificates upon a person’s life exempt from process pursuant to K.”
Mark Schreiber v. Robert MacKenzie (9th Cir. 2022). “A § 60-2304 (personal property exemptions) and K.S.A. § 60-2313 (exemptions from legal process) only apply to “person[s] residing in this state.”
Rajala v. Nat'l Ass'n of Postal Supervisors Branch 458 (In re Krouse), 513 B.R. 598 (Bankr. D. Kan. 2014). “On her Schedule C, Debtor claimed $147,000 to be exempt under K.S.A. 60-2313(a)(7). The Trustee objected to the exemption of the portion of the life insurance proceeds which had been transferred prepetition.”
— K.S.A. § 60-2313(a)(1) — 3 cases
In Re DeThample, 390 B.R. 716 (Bankr. D. Kan. 2008). “Because the 401(k) is identified on Schedule C as a Cessna plan, the Court does not believe debtors cited the correct statutory authority for exempting the 401(k).”
In Re Thompson, 311 B.R. 822 (Bankr. D. Kan. 2004). “60-2304(c) which limits the $20,000 exemption to one means of conveyance and K.S.A. 60-2313(a)(1) which does not contain such a limitation and refers to the protection of "any pension, annuity, retirement, disability, death or other benefit exempt from process pursuant to…”
– Leaf Funding, Inc. v. Simmons Med. Clinic (Kan. Ct. App. 2017). “Simmons argued that all of the money in the first two accounts came from his private disability insurance policy, which he claimed was exempt under K.S.A. 60-2313. The bank statements showed that the money was from Northwestern Mutual.”
— K.S.A. § 60-2313(a)(2) — 1 case
Decker & Mattison Co. v. Wilson, 44 P.3d 341 (Kan. 2002). “Workers compensation benefits are generally exempted from seizure and sale to satisfy a judgment as provided in K.S.A. 2001 Supp. 60-2313: “(a) Except to the extent otherwise provided by law, every person residing in this state shall have exempt from seizure and sale upon any…”
— K.S.A. § 60-2313(a)(3) — 2 cases
Decker & Mattison Co. v. Wilson, 44 P.3d 341 (Kan. 2002). “Workers compensation benefits are generally exempted from seizure and sale to satisfy a judgment as provided in K.S.A. 2001 Supp. 60-2313: “(a) Except to the extent otherwise provided by law, every person residing in this state shall have exempt from seizure and sale upon any…”
Linda Lee Stutsman (Bankr. D. Kan. 2025). “Under Kan. Stat. Ann. § 44-514 , “no claim for compensation, or compensation agreed upon, awarded, adjudged, or paid” shall be subject to recovery or collection of a debt, and the “exemption cannot be waived.”
— K.S.A. § 60-2313(a)(7) — 2 cases
In re: Amro M. Samy & Darla G. Samy (Bankr. D. Kan. 2025). “Objection to Exemption of the Life Insurance Policies Under Kan. Stat. Ann. § 60-2313 (a)(7), debtors can exempt “[a]ny interest in any policy of insurance or beneficiary certificates upon a person’s life exempt from process pursuant to K.”
Rajala v. Nat'l Ass'n of Postal Supervisors Branch 458 (In re Krouse), 513 B.R. 598 (Bankr. D. Kan. 2014). “On her Schedule C, Debtor claimed $147,000 to be exempt under K.S.A. 60-2313(a)(7). The Trustee objected to the exemption of the portion of the life insurance proceeds which had been transferred prepetition.”
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