What Happens When an Estate Is Insolvent in Kansas?
Enter the estate's assets and the claims in each class of Kansas's payment order to see which claims are paid in full, which are paid in part, and which go unpaid, along with when the executor is personally liable.
Frequently Asked Questions
An estate is insolvent when the claims against it exceed the assets available to pay them. Kansas then pays the claims in 4 classes, in the order its statute sets, and the classes at the end of the order are the ones left unpaid when the money runs outK.S.A. 59-1301Verified Sep 23, 2026View source.
1. Reasonable funeral expenses, then medical assistance claims under K.S.A. 39-709K.S.A. 59-1301 (first class)Verified Sep 23, 2026View source. 2. Administration costs and expenses of the last sicknessK.S.A. 59-1301 (second class)Verified Sep 23, 2026View source. 3. Judgments rendered against the decedent in the decedent's lifetime; judgments or liens on the decedent's property paid in the order of their priorityK.S.A. 59-1301 (third class)Verified Sep 23, 2026View source. 4. All other demands duly proved, including funeral expenses above the reasonable amount and a court-approved tombstone or markerK.S.A. 59-1301 (fourth class)Verified Sep 23, 2026View source.
Kansas's statute sets the rule class by class rather than one rule for every classK.S.A. 59-1301Verified Sep 23, 2026View source.
Kansas's statutes state no rule on the executor's personal liability for the decedent's debts, paying a later class before an earlier class is paid in full or distributing property to heirs while claims are unpaid.
Kansas law recognizes that a person named as executor may refuse the appointment (K.S.A. 59-701; K.S.A. 59-702 (scan of K.S.A. Chapter 59)) but prescribes no particular document. A signed written renunciation filed with the court states the refusal on the record. Renunciation of Executor for Kansas
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