All Roll Calls
Yes: 406 • 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Reviving repealed statutes related to estates of absentees and requiring nonresident fiduciaries to appoint an agent residing in this state.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: Committee on Judiciary
Signed by Governor
house committee on judiciarysenate committee on judiciary
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 3 benefits, 1 costs, 2 mixed.
Returning missing people can reclaim property
A missing person can petition at any time for a court declaration that they are alive. An authorized representative can also sign and file using an adequate power of attorney granted by that person. The court must cancel the presumed-death certificate, end the trust, and order its property transferred to the person or representative.
Estate heirs face waits and repayment safeguards
Final distributions generally must wait three years after presumed death, but courts can release certain protected assets for spouses, children, or dependents after debts and costs. Each recipient must post a court-approved bond covering property or its reasonable value and net income if the missing person returns and claims it within five years of receipt or assignment. A suit on the bond must start within one year after the returning person learns of the distribution, and within six years after distribution. To challenge a qualifying order, the returning person has three months after learning—or reasonably being able to learn—of it. That challenge must also come within five years after the final-settlement order, and some good-faith interests remain protected.
Court trustees protect missing people's property
Kansas courts can appoint trustees to manage missing people's Kansas property, including property of people reported as prisoners of war or missing in action. Anyone can petition, but must give identifying details, disappearance facts, family contacts, and the property's type and estimated value. Relatives, spouses, and others likely to hear from the missing person must receive notice. The court must confirm the facts and find that the property risks loss without a trustee. Trustees follow conservator rules, including bonds, property inventories, and financial reports.
Faster death records after catastrophic events
Courts can presume death immediately after a catastrophic event following an emergency or war-emergency declaration by the governor or president. The event must prevent recovery of the body, and evidence must place the person there at the event's date and time. The court orders the coroner to prepare a death certificate, which Kansas registers and makes available as certified copies. New information can lead to corrections, and the certificate must be canceled if the person is found alive.
Out-of-state estate managers need Kansas agents
Nonresidents appointed to manage estates, trusts, or other property as Kansas fiduciaries must name a Kansas resident agent before starting duties. The appointment and agent's acceptance must be in writing and filed with the appointing district court, with the correct address. Legal papers served on that agent count as personal service on the out-of-state fiduciary in Kansas.
Missing people's estates gain settlement paths
For these estate rules, death is presumed after at least five years without contact and a diligent search by someone genuinely seeking the person. The search must cover all places where the person could reasonably be expected. After more than five years, if a trustee exists but no such search occurred, the court can order one at the estate's reasonable expense. An interested person can seek estate administration using the filing date as the death date, with the usual required proof. A separate path lets courts end the trust and administer an estate after a Defense Department missing-in-action report lasting more than three years, without declaring death.
Sponsors & Cosponsors
Sponsor
Committee on Judiciary
Affiliation unavailable
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
Senate vote • 3/26/2026
Concurred with amendments in conference
Yes: 39 • No: 0
House vote • 3/18/2026
Emergency Final Action - Passed as amended
Yes: 124 • No: 0
Senate vote • 2/18/2026
Emergency Final Action - Passed as amended
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, Absent 1
3/26/2026SenateNonconcurred with amendments; Conference Committee requested; appointed Sen. Kellie Warren, Sen. Kenny Titus and Sen. Ethan Corson
3/23/2026SenateMotion to accede adopted; Rep. Susan Humphries, Rep. Laura Williams and Rep. Dan Osman appointed as conferees
3/23/2026HouseCommittee of the Whole - Committee Report be adopted
3/18/2026HouseCommittee of the Whole - Be passed as amended
3/18/2026HouseMotion to advance to Emergency Final Action adopted
3/18/2026HouseEmergency Final Action - Passed as amended; Yea 124, Nay 0, Absent 1
3/18/2026HouseCommittee Report recommending bill be passed as amended by House 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 House Committee on Judiciary
2/25/2026HouseCommittee of the Whole - Motion to Amend - Offered by Sen. Kellie Warren
2/18/2026SenateCommittee of the Whole - Amendment by Sen. Kellie 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 Senate Committee on Judiciary
2/16/2026SenateHearing: Thursday, February 12, 2026, 10:30 AM — Room 346-S
2/12/2026SenateReferred to Senate Committee on Judiciary
2/5/2026SenateIntroduced
2/4/2026Senate
Bill Text
As Amended by House Committee
As Introduced
Enrolled
{As Amended by Senate Committee of the Whole}
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