All Roll Calls
Yes: 203 • No: 0
KansasSB 4802025–2026 Regular SessionSenate
Reviving repealed statutes related to estates of absentees and requiring nonresident fiduciaries to appoint an agent residing in this state.
Sponsored By: Sponsor information unavailable
Signed by Governor
judiciary
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 3 benefits, 0 costs, 4 mixed.
Estate steps for long-term MIA cases
If the Defense Department has listed someone as missing in action for more than three years, an interested person can petition the court. The court must end the trust and handle the estate as if the person died on the petition date. The court does not declare the person dead.
Faster death presumption after disasters
After the governor or president declares an emergency or war emergency, the court can presume death if evidence shows the person was at the disaster site and no body can be recovered. The court must order the coroner to issue a death certificate that notes the catastrophic event, and vital records must register it. The certificate can be amended or rescinded if new facts appear. The law defines “catastrophic event,” “disaster,” “state of emergency,” and “state of war emergency.”
Protecting missing people's property in Kansas
Kansas courts can manage property in the state that belongs to a missing person. A person is an absentee if those most likely to hear from them have heard nothing, or if the Defense Department lists them as POW or MIA. Anyone may ask the court to appoint a trustee, and the petition must list key facts about the person and the estate. The court must mail notice to the spouse, next of kin, and others likely to hear from the absentee. Trustees must follow the same oath, bond, inventory, and accounting rules that apply to conservators.
Probate after five years missing
The law presumes a missing person dead after five years with a diligent search. If no real search was done, the court can order one and have the estate pay reasonable costs. An interested person can ask the court to administer the estate as if the absentee died on the date the petition is filed. The court cannot make a final distribution until three years after the presumptive death, but it may order support for a spouse, children, and dependents while waiting.
Protections when the absentee returns
No one can get a final share from an absentee’s estate without filing a bond. The bond must promise to return the property or pay its value plus net income if the absentee returns within five years. If the absentee comes back within five years, they can ask the court to undo orders, but must file within three months after learning of the order. The absentee or their attorney‑in‑fact can also ask the court to declare the absentee alive, cancel the presumptive death certificate, end the trust, and return the property. Bond claims must be filed within one year after the absentee learned of the distribution, and no later than six years after the distribution.
Nonresident fiduciaries must name local agents
A fiduciary who lives outside Kansas must appoint an agent who lives in the county of appointment. The fiduciary must file the agent’s address and written acceptance with the district court. Serving papers on that agent counts the same as serving the fiduciary.
Repeals and reorganizes absentee statutes
The law repeals listed Kansas statutes on absentee estates to reorganize this area of probate law. This changes how courts and lawyers cite and use these sections. It does not set payment amounts for households.
Sponsors & Cosponsors
Sponsors
There is no primary sponsor on record.
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/23/2026
Yea: 39 Nay: 0
Yes: 39 • No: 0
Senate vote • 4/23/2026
Yea: 124 Nay: 0
Yes: 124 • No: 0
Senate vote • 4/23/2026
Yea: 40 Nay: 0
Yes: 40 • No: 0
Actions Timeline
Enrolled and presented to Governor on Friday, April 3, 2026
4/9/2026SenateApproved by Governor on Thursday, April 9, 2026
4/9/2026SenateConcurred with amendments in conference; Yea: 39 Nay: 0
3/26/2026SenateNonconcurred with amendments; Conference Committee requested; appointed Senator Warren , Senator Titus and Senator Corson as conferees
3/23/2026SenateMotion to accede adopted; Representative Humphries, Representative Williams, L. and Representative Osman appointed as conferees
3/23/2026HouseCommittee of the Whole - Committee Report be adopted
3/18/2026HouseCommittee of the Whole - Be passed as amended
3/18/2026HouseEmergency Final Action - Passed as amended; Yea: 124 Nay: 0
3/18/2026HouseCommittee Report recommending bill be passed as amended by Committee on Judiciary
3/12/2026HouseHearing: Tuesday, March 3, 2026, 3:30 PM Room 582-N
3/3/2026HouseReceived and Introduced
2/25/2026HouseReferred to Committee on Judiciary
2/25/2026HouseCommittee of the Whole - Motion to Amend - Offered by Senator Warren
2/18/2026SenateCommittee of the Whole - Amendment by Senator Warren was adopted
2/18/2026SenateCommittee of the Whole - Be passed as amended
2/18/2026SenateEmergency Final Action - Passed as amended; Yea: 40 Nay: 0
2/18/2026SenateCommittee Report recommending bill be passed by Committee on Judiciary
2/16/2026SenateHearing: Thursday, February 12, 2026, 10:30 AM Room 346-S
2/12/2026SenateReferred to Committee on Judiciary
2/5/2026SenateIntroduced
2/4/2026Senate
Bill Text
As Amended by House Committee
As Amended by Senate Committee of the Whole
As introduced
Enrolled
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