59-1301. Classification of demands.
59-1301
59-1301. Classification of demands.If the applicable assets of an estate are insufficient to pay in fullall demands allowed against it, payment shall be made in the followingclassified order:
First class, the expenses of an appropriate funeral in such amount aswas reasonably necessary, having due regard to the assets of the estateavailable for the payment of demands and to the rights of other creditors,and, following the allowance of such expenses, any claim for medical assistancepaid under subsection (e) of K.S.A. 39-709and amendments thereto.Any part of the funeral expenses allowed as a demand against the estate inexcess of the sum ascertained as above shall be paid as other demands ofthe fourth class.
Second class, the appropriate and necessary costs and expenses ofadministration and the reasonable sums for the appropriate and necessaryexpenses of the last sickness of decedent, including wages of servants.
Third class, judgments rendered against decedent in thedecedent's lifetime, alljudgments or liens upon the property of the decedent shall be paid in theorder of their priority.
Fourth class, all other demands duly proved, including the cost of anyappropriate tombstone or marker or the lettering thereon, in such amount asmay be reasonably necessary, but whether there shall be an allowance, andif so the amount thereof, shall be determined by the court before anyobligation therefor is incurred, except that debts havingpreference by the laws of the United States and demands having preferenceby the laws of this state shall be paid according to such preference.
Except as provided by this section for the first class of demands, nopreference shall be given in the payment of any demand over any otherdemand of the same class, nor shall a demand due and payable be entitled topreference over demands not due.
History: L. 1939, ch. 180, § 95; L. 1941, ch. 284, § 4;L. 1992, ch. 150, § 8; April 30.