59-2237. Exhibition of demands and hearing thereon; allowance without hearing, when. (a) Any person may exhibit a demand against the estate of a decedent by filing a petition for its allowance in the proper district court. Such demand shall be deemed duly exhibited from the date of the filing of the petition. The petition shall contain a statement of all offsets which the estate is entitled. The person exhibiting the demand shall provide a copy of the demand, as filed, to the personal representative of the estate. The court shall from time to time as it deems advisable, and must at the request of the executor or administrator, or at the request of any creditor having exhibited demand, fix the time and place for the hearing of such demands. Notice of the time and place of the demand hearing shall be given in such manner and to such persons as the court shall direct.
(b) The verification of any demand may be deemed prima facie evidence of its validity unless a written defense thereto is filed. Upon the adjudication of any demand, the court shall enter its judgment allowing or disallowing it. Such judgment shall show the date of adjudication, the amount allowed, the amount disallowed and classification if allowed. Judgments relating to contingent demands shall state the nature of the contingency.
(c) Any demand not exceeding $5,000, other than a demand by the executor or administrator, duly itemized and verified and which is timely filed, may be paid by the executor or administrator without compliance with any of the provisions of this act relating to petition, notice of hearing, allowance by the court or otherwise. If a written defense to the petition of the executor or administrator for a final settlement and accounting is timely filed by any interested party which takes issue with payment of the demand by the executor or administrator, at the hearing on the petition the burden of proof shall be upon the executor or administrator to establish that the demand was due and owing by the estate. If the demand, or any part thereof, is disallowed by the court, the accounting of the executor or administrator shall not be allowed as to the disallowed demand, or part thereof.
History: L. 1939, ch. 180, § 213; L. 1941, ch. 284, § 10; L. 1943, ch. 213, § 3; L. 1974, ch. 238, § 1; L. 1976, ch. 242, § 35; L. 1987, ch. 212, § 1; L. 1989, ch. 173, § 5; L. 2000, ch. 25, § 6; July 1.
Structure Kansas Statutes
Article 22 - Probate Procedure
59-2204 Commencement of proceeding.
59-2205 Persons under disability.
59-2207 Venue of actions against fiduciaries.
59-2208 Notice fixed by court; waiver.
59-2209 Notice by publication and mailing.
59-2211 Proof of service; effect.
59-2212 Hearings and rules of evidence.
59-2213 Judgments; verification of the petition; vacation or modification.
59-2214 Taxation of costs and security therefor; poverty affidavit.
59-2215 Remission of court costs in small estates.
59-2216 Disclosure proceedings.
59-2219 Petition for administration.
59-2220 Petition for probate of will.
59-2221 Who may petition for probate or administration.
59-2222 Notice of hearing; contents.
59-2223 Hearing; entry of appearance, waiver of notice and consent to immediate hearing.
59-2224 Hearings for probate and for determination of validity of spouse's consent; procedure.
59-2225 Hearing on will in opposition.
59-2226 Will presented after probate of will.
59-2228 Hearing for probate of lost will.
59-2229 Admission of will probated outside state.
59-2230 Admission of will probated elsewhere.
59-2231 Record of order setting aside will probated elsewhere.
59-2232 Hearing for administration.
59-2233 Notice to surviving spouse.
59-2233a Same; 59-603 and 59-2233 not retroactive.
59-2234 Election in case of incapacity.
59-2235 Selection of homestead and allowances.
59-2237 Exhibition of demands and hearing thereon; allowance without hearing, when.
59-2238 Actions pending against decedent at time of death; revivor of actions.
59-2239 Claims against estate; time for filing; when barred.
59-2241 Hearing on contingent demands.
59-2242 Sale of personal property; limitations.
59-2243 Notice of sale at public auction.
59-2245 Report of sale of personal property.
59-2247 Petition and notice of final settlement.
59-2248 Determination of advancements.
59-2249 Hearing and final decree; real estate; distributive share subject to order of garnishment.
59-2250 Proceedings to determine descent.
59-2253 Petition and notice of hearing on account.
59-2256 Effect of court approval.
59-2281 Cases in which joinder of administration proceedings proper.
59-2282 Same; proceedings to determine descent.
59-2283 Joinder of administration; separate proceedings, when.
59-2284 Same; facts as to each estate.
59-2286 Institution of proceedings; notice, hearing, order and decree; time for appeal.
59-2287 Refusal to grant letters of administration; order; notice; termination of administration.
59-2288 Same; apportionment of property between surviving spouse and minor children.
59-2289 Same; appraisal may be ordered.
59-2290 Same; act supplemental to probate code.
59-2292 Same; filing and recordation of disclaimer instrument.