59-709. Filing of certain petitions; notice to creditors. - Kansas Statutes

59-709

Chapter 59.--PROBATE CODE Article 7.--LETTERS TESTAMENTARY AND OF ADMINISTRATION

      59-709.   Filing of certain petitions; notice to creditors.(a) Every petitioner who files a petition for administration or probate of awill shall give notice thereof to creditors, pursuant to an order of thecourt, and within 10 days after such filing. Such notice shall bepublished in some newspaper of the county authorized by law to publishlegal notices and shall be published once a week for three consecutiveweeks. A petitioner for the appointment of a successor administrator,administrator CTA or administrator DBN shall publish notice to creditorsonly in the event the original petitioner for administration or for theprobate of a will had failed to give such notice.

      (b)   The personal representative of a decedent's estate shall giveactual notice to known or reasonably ascertainable creditors prior to theexpiration 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 administrationor probate of a will shall have been filed after the period of timeprescribed by K.S.A. 59-2239, and amendments thereto, for the timelyexhibit 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; July 1.