Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
Under Kansas probate law, the personal representative (formerly executor) must notify creditors so they can present claims against the decedent’s estate. Kansas defines a “creditor” to include any person or entity with a claim, such as medical providers, hospitals, pharmacies, and debt collection agencies. See K.S.A. 59-2201(7).
1. Personal Notice to Known Creditors
Within 30 days after issuance of letters testamentary or administration, the personal representative must mail written notice to all known or reasonably ascertainable creditors at their last known addresses. See K.S.A. 59-2231. Creditors who receive personal notice have three months from the date of mailing to file a timely claim.
2. Notice by Publication to Unknown Creditors
To reach unknown or unanticipated creditors—including medical debt collectors with no known address—the representative must publish a “Notice to Creditors” once a week for three consecutive weeks in a legal newspaper of the county where probate is pending. Publication must begin within two weeks after letters are issued. See K.S.A. 59-2232.
3. Filing Deadlines and Bar Date
Under K.S.A. 59-2233, a creditor must file a verified claim no later than the later of:
- Three months after the date personal notice was mailed; or
- Nine months after the date of first publication of the notice to creditors.
Claims filed after these deadlines are barred, subject to very limited statutory exceptions.
4. Treatment of Medical Debt Collectors
Medical debt collectors are treated like other creditors. If the representative knows the collector’s identity and address, the collector gets personal notice and the three-month deadline applies. If unknown, the collector relies on publication and must file within nine months of first publication.
Helpful Hints
- Compile a detailed list of all potential creditors, including hospitals, doctors and collection agencies.
- Verify and document address information before mailing personal notices.
- Select a widely circulated local newspaper for publication to maximize notice.
- Keep copies of all mailed notices and affidavits of publication in the estate file.
- Calculate deadlines carefully: track mailing dates and publication start dates.
- Promptly follow up on any returned mail or undeliverable notices.
- Consult an attorney if a creditor disputes the notice or challenges the deadline.