In Re the Estate of Jones

Meyer, J.:

The Wesley Medical Center appeals from an order disallowing its claim against an estate. At issue is whether a creditor’s petition for the administration of an estate may serve as a petition for the allowance of a demand against the estate.

James J. Jones died intestate on March 24, 1977. On August 12, 1977, the Medical Center filed a creditor’s petition for administration of his estate (K.S.A. 59-2219 and 2221). The petition sought the appointment of an administrator, and stated in part:

“[Djecedent in his lifetime, and at the time of his death was indebted to this petitioner in the…