Kansas Statutes

§ 59-2238 — Actions pending against decedent at time of death; revivor of actions

Kansas § 59-2238
JurisdictionKansas
Ch. 59PROBATE CODE
Art. 22PROBATE PROCEDURE

This text of Kansas § 59-2238 (Actions pending against decedent at time of death; revivor of actions) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kan. Stat. Ann. § 59-2238 (2026).

Text

(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)
23 case citations
Union National Bank & Trust Co. v. Estate of Werning
665 P.2d 192 (Supreme Court of Kansas, 1983)
12 case citations
Commerce Bank, N.A. v. Bolander
239 P.3d 83 (Court of Appeals of Kansas, 2007)
5 case citations
Bertels v. Farm Bureau Property & Casualty Insurance Company
123 F.4th 1068 (Tenth Circuit, 2024)
4 case citations
Estate of Rains v. Federal Deposit Ins. Corp.
702 F. Supp. 1520 (D. Kansas, 1988)
3 case citations
In re the Estate of Rains
815 P.2d 61 (Supreme Court of Kansas, 1991)
3 case citations

Legislative History

L. 1939, ch. 180, § 214; L. 1951, ch. 343, § 1; L. 1976, ch. 242, § 36; January 10, 1977.

Nearby Sections

15
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Bluebook (online)
Kansas § 59-2238, Counsel Stack Legal Research, https://law.counselstack.com/statute/ks/59-2238.