Chapter 59, PROBATE CODE

59-30,253. International application of act. A court of this state may treat a foreign country as if it were a state for the purpose of applying K.S.A. 59-30,251 through 59-30,267 and 59-30,271 through 59-30,273, and amendments thereto. History: L. 2025, ch. 40, § 3; January 1, 2…

59-30,254. Communication between courts. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this act. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), th…

59-30,255. Cooperation between courts. (a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing; (2) order a person in that state to produce e…

59-30,256. Taking testimony in another state. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for test…

59-30,257. Definitions; significant connection factors. (a) As used in K.S.A. 59-30,257 through 59-30,265, and amendments thereto: (1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety or welfare, and for which the appoi…

59-30,258. Exclusive jurisdictional basis. K.S.A. 59-30,257 through 59-30,265, and amendments thereto, provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. History: L. 2025, ch. 40, § 8; January 1, 2…

59-30,259. Jurisdiction. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (a) This state is the respondent's home state; (b) on the date the petition is filed, this state is a significant-connection state and: (1) The r…

59-30,260. Special jurisdiction. (a) A court of this state lacking jurisdiction under K.S.A. 59-30,259(a), (b) or (c), and amendments thereto, has special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency for a term not exceeding 90 days for a respon…

59-30,261. Exclusive and continuing jurisdiction. Except as otherwise provided in K.S.A. 59-30,260, and amendments thereto, a court that has appointed a guardian or issued a protective order consistent with this act has exclusive and continuing jurisdiction over the proceeding un…

59-30,262. Appropriate forum. (a) A court of this state having jurisdiction under K.S.A. 59-30,259, and amendments thereto, to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a m…

59-30,263. Jurisdiction acquired because of unjustifiable conduct; remedies. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) Decline to exercis…

59-30,264. Notice of proceeding. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements…

59-30,265. Proceedings in more than one state. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under K.S.A. 59-30,260(a)(1) or (2), and amendments thereto, if a petition for the ap…

59-30,266. Transfer of guardianship or conservatorship to another state. (a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) must be given to t…

59-30,267. Accepting guardianship or conservatorship transferred from another state. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to K.S.A. 59-30,266, and amendments thereto, the guardian or conservator must petit…

59-30,268. Registration of guardianship orders. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to …

59-30,269. Registration of protective orders. If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to registe…

59-30,270. Effect of registration. (a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including…

59-30,271. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 2025, ch. 40, § 21; January 1, 2…

59-30,272. Relationship to electronic signatures in global and national commerce act. This act modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede section 101(c) of that ac…

59-30,273. Application and transitional provision. (a) This act applies to guardianship and protective proceedings begun on or after January 1, 2026. (b) K.S.A. 59-30,251 through 59-30,256 and 59-30,266 through 59-30,272, and amendments thereto, apply to proceedings begun before …

59-3101. Testamentary additions to trusts. Subject to the provisions of K.S.A. 59-1701, a devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee or trustees of a trust established or to be established by the testato…

59-3102. Effect on prior wills. This act shall have no effect upon any devise or bequest made by a will executed prior to the effective date of this act. History: L. 1968, ch. 203, § 2; July 1.

59-3103. Uniformity of interpretation. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. History: L. 1968, ch. 203, § 3; July 1.

59-3104. Citation of act. This act may be cited as the "uniform testamentary additions to trusts act." History: L. 1968, ch. 203, § 4; July 1.

59-3105. Supplemental to and part of the probate code. This act shall be a part of and supplemental to the Kansas probate code. History: L. 1968, ch. 203, § 5; July 1.

59-3201. Citation of act. K.S.A. 59-3201 to 59-3206, inclusive, shall be named and may be cited as the Kansas simplified estates act. History: L. 1975, ch. 299, § 29; January 1, 1976. Law Review and Bar Journal References: "A Practical Review of the 1975 Kansas Probate Code Revis…

59-3202. Administration as simplified estate or supervised estate; determination by court. On the hearing of a petition for the appointment of an administrator or for the probate of a will where administration is sought under the Kansas simplified estates act, the court shall det…

59-3203. Administration as simplified estate; applicable procedure. (a) If the court has determined that the estate shall be administered as a simplified estate, further proceedings shall be under the provisions of the Kansas simplified estates act with the following exceptions: …

59-3204. Executor or administrator; duties. (a) The executor or administrator appointed under the Kansas simplified estates act shall collect the decedent's assets, file an inventory and valuation, pay claims of creditors, and pay taxes owed by the decedent or the decedent's esta…

59-3205. Court supervision not required; exceptions; order to close estate. After an estate has been opened under the Kansas simplified estates act and letters testamentary or letters of administration under this act have been issued, no further court supervision is necessary or …

59-3206. Objections to continuing administration as simplified estate; procedure; change to supervised administration. After letters testamentary or letters of administration have been issued under the Kansas simplified estates act, if: (a) Any person having an interest in the es…

59-3301. Citation of act; effective date of act. (a) K.S.A. 59-3301 through 59-3306 may be cited as the Kansas informal administration act and shall be construed as supplemental to and as a part of the Kansas probate code. (b) The provisions of K.S.A. 59-3301 through 59-3306 shal…

59-3302. Petition; contents. (a) Any person interested in an estate may petition for informal administration. (b) The petition shall contain: (1) The name and residence address of the petitioner. (2) The interest of the petitioner in the estate. (3) The name, residence address an…

59-3303. Notice of hearing. Notice of hearing in all proceedings commenced pursuant to this act in which title to real estate is to be assigned by the court shall be given pursuant to K.S.A. 59-2209 and amendments thereto. In all other cases, notice shall be given or waived as pr…

59-3304. Orders of court if informal administration appropriate; bond. (a) Whenever the court finds that an estate can be completely administered under the Kansas informal administration act: (1) The court shall make the following orders: (A) For informal administration of the es…

59-3305. Orders of court if informal administration not appropriate. The court may determine that administration under the Kansas informal administration act is not appropriate because of contested matters, the need for administration, disagreement among beneficiaries or any othe…

59-3306. Appraisal of property. The district court, in its discretion, may order an appraisal of the property before making the orders contemplated by subsection (a) of K.S.A. 59-3304. The appraisal shall be made by one or more appraisers approved by the court. History: L. 1985, …

59-3401. Statutory rule against perpetuities. (a) Validity of Nonvested Property Interest. A nonvested property interest is invalid unless: (1) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or …

59-3402. Nonvested property interest or power of appointment, creation. (a) Except as provided in subsections (b) and (c) and in subsection (a) of K.S.A. 59-3405, the time of creation of a nonvested property interest or a power of appointment is determined under general principle…

59-3403. Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 90 years allowed by subsections (a)(2), (b)(2) or (c)(2) of K.S.A. 5…

59-3404. Statutory rule against perpetuities, exclusions. K.S.A. 59-3401, and amendments thereto, the statutory rule against perpetuities, does not apply to: (1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested prop…

59-3405. Prospective application. (a) Except as extended by subsection (b), this act applies to a nonvested property interest or a power of appointment that is created on or after the effective date of this act. For purposes of this section, a nonvested property interest or a pow…

59-3406. Citation of act. This act may be cited as the uniform statutory rule against perpetuities. History: L. 1992, ch. 302, § 6; July 1.

59-3407. Uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. History: L. 1992, ch. 302, § 7; July 1.

59-3408. Act supersedes common law. This act supersedes the rule of the common law known as the rule against perpetuities. History: L. 1992, ch. 302, § 8; July 1.

59-3501. Real estate; transfer-on-death. (a) An interest in real estate may be titled in transfer-on-death, TOD, form by recording a deed signed by the record owner of such interest, designating a grantee beneficiary or beneficiaries of the interest. Such deed shall transfer owne…

59-3502. Filing of transfer-on-death form with register of deeds. An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the register of deeds in the county where the real estate is located, prior to the death of …

59-3503. Beneficiary; revocation; change; revocation by will, prohibited. (a) A designation of the grantee beneficiary may be revoked at any time prior to the death of the record owner, by executing, acknowledging and recording in the office of the register of deeds in the county…

59-3504. Transfer-on-death of interest in real estate; vesting of ownership in beneficiary; grantee beneficiary; judicial proceedings subject to probate code to determine descent; application of section. (a) Title to the interest in real estate recorded in transfer-on-death form …