All Roll Calls
Yes: 328 • No: 1
KansasHB 25902025–2026 Regular SessionHouseWALLET
Enacting the Kansas community property trust act to authorize the use of community property trusts during the marriage of settlor spouses and amending the Kansas uniform trust code to allow trustees to reimburse settlors of grantor trusts, authorize the use of designated representatives for trusts and permit the terms of a governing instrument to expand, restrict or eliminate certain general rules applicable to fiduciaries, trusts and trust administration.
Sponsored By: Sponsor information unavailable
Signed by Governor
financial institutions and insurancefinancial institutions and pensions
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 2 benefits, 0 costs, 3 mixed.
How trusts split assets at death or divorce
When a settlor spouse dies, the survivor keeps one-half of the trust. The decedent controls only their half, and the survivor’s half is not in the decedent’s elective estate. At death or when the trust ends, the trustee can split assets in kind, pro rata or not, and adjust values. If a divorce is filed and lasts 180 days, the trust ends and assets are split 50/50 unless the court orders otherwise, the spouses agree in writing, a timely objection shows good cause, or the trust says otherwise. The trustee cannot leave ex-spouses co-owners of real estate or business interests unless they sign a separate written agreement during the case. The divorce court can order the trustee to make distributions and preserve the community status of the property.
Kansas community property trusts for married couples
The law lets married couples create a Kansas community property trust. Both spouses must sign a trust that says it is a Kansas community property trust, has at least one qualified Kansas trustee who keeps records and handles tax returns, and includes the required warning. Property you move into the trust becomes community property during marriage, and the trust is treated as community property under federal basis rules. Either spouse can change how their own half passes at death, but other changes or revocation are allowed only if the trust says so. Creditors of one spouse can reach that spouse’s half; joint debts can be paid from the whole trust. A trust cannot cut a child’s right to support. A spouse can ask a court to set aside an unconscionable, involuntary, or undisclosed agreement.
Trusts can repay settlors for grantor taxes
A trustee may, unless the trust bans it, reimburse a settlor for income taxes the settlor owes because the trust is a grantor trust. For irrevocable trusts, a creditor cannot reach trust assets just because the trustee can reimburse those taxes. If a trust has multiple settlors, a creditor can only reach the part tied to the claimant settlor’s contributions.
New trust notice and representative rules
A trust document can change many default trustee and beneficiary rules, including notice and information rights. A trust can delay or limit telling a beneficiary about their interest for a set time. During that time, a designated representative can act and bind the beneficiary. Trustees still must send key notices within 60 days and give annual reports to beneficiaries who got distributions, unless the trust validly limits those rights. If a trust limits beneficiary notice, a corporate trustee must keep a physical office in Kansas. The act also repeals and replaces parts of the trust code to put these rules in place.
Courts face limits on changing trust purposes
Courts cannot change a charitable or other purpose trust’s mission unless the purpose becomes unlawful or the trust cannot serve any stated purpose. If a change is allowed, the court follows Kansas law on modifying such trusts. A settlor can enforce the trust and name someone to enforce it.
Sponsors & Cosponsors
Sponsors
There is no primary sponsor on record.
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/23/2026
Yea: 125 Nay: 0
Yes: 125 • No: 0
House vote • 4/23/2026
Yea: 123 Nay: 1
Yes: 123 • No: 1
House vote • 4/23/2026
Yea: 40 Nay: 0
Yes: 40 • No: 0
House vote • 4/23/2026
Yea: 40 Nay: 0
Yes: 40 • No: 0
Actions Timeline
Engrossed on Tuesday, March 31, 2026
4/9/2026HouseEnrolled and presented to Governor on Friday, April 3, 2026
4/9/2026HouseApproved by Governor on Thursday, April 9, 2026
4/9/2026HouseConference Committee Report was adopted; Yea: 125 Nay: 0
3/26/2026HouseConference committee report now available
3/25/2026SenateConference Committee Report was adopted; Yea: 40 Nay: 0
3/25/2026SenateMotion to accede adopted; Senator Dietrich, Senator Fagg and Senator Miller appointed as conferees
3/24/2026SenateNonconcurred with amendments; Conference Committee requested; appointed Representative Hoheisel , Representative Stiens and Representative Xu as conferees
3/23/2026HouseFinal Action - Passed as amended; Yea: 40 Nay: 0
3/19/2026SenateCommittee of the Whole - Committee Report be adopted
3/18/2026SenateCommittee of the Whole - Be passed as amended
3/18/2026SenateCommittee Report recommending bill be passed as amended by Committee on Financial Institutions and Insurance
3/11/2026SenateHearing: Thursday, March 5, 2026, 9:30 AM Room 546-S
3/5/2026SenateReferred to Committee on Financial Institutions and Insurance
2/19/2026SenateFinal Action - Passed; Yea: 123 Nay: 1
2/18/2026HouseReceived and Introduced
2/18/2026SenateCommittee of the Whole - Be passed
2/17/2026HouseCommittee Report recommending bill be passed by Committee on Financial Institutions and Pensions
2/11/2026HouseHearing: Monday, February 2, 2026, 9:00 AM Room 582-N
2/2/2026HouseIntroduced
1/29/2026HouseReferred to Committee on Financial Institutions and Pensions
1/29/2026House
Bill Text
As Amended by Senate Committee
As introduced
Enrolled
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