Kansas Statutes
§ 59-2238 — Actions pending against decedent at time of death; revivor of actions
(1)Any action pending against any person at the time of such person's death, which by law survives against the executor or administrator, shall be considered a demand legally exhibited against such estate from the time such action shall be revived. Such action shall be revived in the court in which it was pending and such court shall retain jurisdiction to try and determine said action.
(2)Any action commenced against any executor or administrator after the death of the decedent shall be considered a demand legally exhibited against such estate from the time of serving the original process on such executor or administrator.
(3)The judgment creditor shall file a certified copy of the judgment obtained in an action such as described in subsection (1) or (2) of this section in the proper d
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Related
Ram Company, Inc. v. Estate of Kobbeman
696 P.2d 936 (Supreme Court of Kansas, 1985)
Union National Bank & Trust Co. v. Estate of Werning
665 P.2d 192 (Supreme Court of Kansas, 1983)
Commerce Bank, N.A. v. Bolander
239 P.3d 83 (Court of Appeals of Kansas, 2007)
Bertels v. Farm Bureau Property & Casualty Insurance Company
123 F.4th 1068 (Tenth Circuit, 2024)
Estate of Rains v. Federal Deposit Ins. Corp.
702 F. Supp. 1520 (D. Kansas, 1988)
In re the Estate of Rains
815 P.2d 61 (Supreme Court of Kansas, 1991)
Bertels v. Farm Bureau Property and Casualty Insurance Co.
(D. Kansas, 2023)
Legislative History
L. 1939, ch. 180, § 214; L. 1951, ch. 343, § 1; L. 1976, ch. 242, § 36; January 10, 1977.
Nearby Sections
15
§ 59-1001
Management; bond§ 59-1002
When administrator takes charge§ 59-1004
Sale of assets§ 59-101
Name of act§ 59-102
Definitions§ 59-104
Docket fee; authorized only by legislative enactment; poverty affidavit; additional court costs§ 59-1101
Bond requirements and conditions§ 59-1102
Approval and prosecution§ 59-1103
Joint or separate bonds