reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3092 Termination of guardianship or conservatorship.

59-3092.
Termination of guardianship or conservatorship.
(a) The court at any time may enter an order summarily terminating the guardianship in any of the following circumstances:
(1) the ward is deceased;
(2) the ward, who was a minor and not adjudicated to be a minor with an impairment which would otherwise make that minor an adult with an impairment in need of a guardian, has become 18 years of age, has had the rights of majority conferred upon them pursuant to K.S.A. 38-108, and amendments thereto, or is now considered to be of the age of majority pursuant to K.S.A. 38-101, and amendments thereto; or
(3) no further need for the guardianship exists.
(b) At any time the court may enter an order summarily terminating the conservatorship in any of the following circumstances:
(1) The conservatee is deceased and the court has issued orders consistent with the requirements of subsection (j) of K.S.A. 59-3091, and amendments thereto, as applicable; or
(2) no further need for the conservatorship exists and the court has issued orders consistent with the requirements of subsection (j) of K.S.A. 59-3091, and amendments thereto.
(c) At any time the court may enter an order summarily terminating the voluntary conservatorship in any of the following circumstances;
(1) The conservatee has filed a verified petition pursuant to K.S.A. 59-3091, and amendments thereto, requesting the termination of the conservatorship and the court has issued orders consistent with the requirements of subsection (j) of K.S.A. 59-3091, and amendments thereto, as applicable;
(2) the conservatee has been adjudicated an adult with an impairment in need of a conservator by a court of competent jurisdiction either within this or another state, and the court has issued orders consistent with the requirements of subsection (j) of K.S.A. 59-3091, and amendments thereto, as applicable;
(3) no further need for the conservatorship exists and the court has issued orders consistent with the requirements of subsection (j) of K.S.A. 59-3091, and amendments thereto, as applicable; or
(4) the conservatee is deceased and the court has issued orders consistent with the requirements of subsection (j) of K.S.A. 59-3091, and amendments thereto, as applicable.
History:
L. 2002, ch. 114, § 43; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3093 Confidentiality of medical records and other reports; penalty.

59-3093.
Confidentiality of medical records and other reports; penalty.
(a) The court at any time, upon the request of any party or upon the court's own motion, may issue a written order directing that any medical or treatment records, evaluations or investigative reports filed with the court, attached to any pleading, produced in response to any order issued by the court, or introduced in evidence, shall be separately maintained in a confidential manner, to be disclosed only:
(1) Upon the written consent or request of the proposed ward or proposed conservatee, if no guardian or conservator is appointed by the court;
(2) upon the written consent of the guardian or conservator;
(3) upon the written consent of the former ward or former conservatee, if restored to capacity pursuant to K.S.A. 59-3090, and amendments thereto;
(4) upon the order of any court of record after a determination has been made by the court that such records or reports are necessary for the conduct of proceedings before the court and are otherwise admissible as evidence;
(5) to any state or national accreditation agency or for a scholarly study, but the court shall require, before such disclosure is made, a pledge from that state or national accreditation agency or scholarly investigator that such agency or investigator will not disclose the name of any patient or former patient to any person not otherwise authorized by law to receive such information; or
(6) in proceedings under this act, upon the written request of any attorney representing any party.
(b) To the extent the provisions of K.S.A. 65-5601 through 65-5605, or K.S.A. 59-2979 or 59-29b79, and amendments thereto, are applicable to medical or treatment records of any patient or former patient who may be the subject of proceedings under this act, the provisions of K.S.A. 65-5601 through 65-5605 or K.S.A. 59-2979 or 59-29b79, and amendments thereto, as applicable, shall control the disposition of information contained in such records. Willful violation of this section is a class C misdemeanor.
History:
L. 2002, ch. 114, § 44; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3094 Costs of proceedings; payment.

59-3094. Costs of proceedings; payment.
(a) In each proceeding the court shall allow and order paid to any individual or institution as a part of the costs thereof a reasonable fee and expenses for any professional services ordered performed by the court pursuant to this act other than those performed by any individual or institution under the jurisdiction of the Kansas department for children and families, but including the fee of counsel for the proposed ward or proposed conservatee or ward or conservatee when counsel is appointed by the court. The court may allow and order paid the fee of counsel for the petitioner and any respondent. Other costs and fees may be allowed and paid as are allowed by law for similar services in other cases. The costs shall be taxed to the estate of the proposed ward or proposed conservatee or ward or conservatee, to those bound by law to support the proposed ward or proposed conservatee or ward or conservatee, to other parties whenever it would be just and equitable to do so, or to the county of residence of the proposed ward or proposed conservatee or ward or conservatee as the court having venue shall direct.
(b) In any contested proceeding or matter the court, in its discretion, may require one or more parties to give security for the costs thereof, or in lieu thereof to file a poverty affidavit as provided for in the code of civil procedure.
(c) Any district court receiving a statement of costs from another district court shall approve the same for payment out of the general fund of its county except that it may refuse to approve the same for payment only on the grounds that the proposed ward or proposed conservatee or ward or conservatee is not a resident of that county. In such case it shall transmit the statement of costs to the secretary for children and families who shall determine the question of residence and certify those findings to each district court. If the claim for costs is not paid within 30 days after such certification, an action may be maintained thereon by the claimant county in the district court of the claimant county against the debtor county. The findings made by the secretary for children and families as to the residence of the proposed ward or proposed conservatee or ward or conservatee shall be applicable only to the assessment of costs. Any county of residence which pays from its general fund court costs to the district court of another county may recover the same in any court of competent jurisdiction from the estate of the proposed ward or proposed conservatee or ward or conservatee or from those bound by law to support the proposed ward or proposed conservatee or ward or conservatee, unless the court finds that the proceedings in which such costs were incurred were instituted without good cause and not in good faith.
History:
L. 2002, ch. 114, § 45; L. 2014, ch. 115, § 230; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3095 Effect of 2002 amendments.

59-3095.
Effect of 2002 amendments.
(a) Any person who has been adjudged a disabled person prior to the effective date of this act and who has not been restored to capacity, for the purposes of this act, shall be considered to be either:
(1) An adult with an impairment in need of a guardian or conservator, or both;
(2) a minor in need of a guardian or conservator, or both;
(3) a minor with an impairment in need of a guardian or conservator, or both;
(4) a person previously adjudged as impaired in another state; or
(5) a person in need of an ancillary conservator.
(b) Within one year from the effective date of this act, any person with an interest in the matter may file a verified petition requesting that the court determine whether the ward or conservatee meets the definition of impaired as contained within this act, or meets the requirements of being in need of a guardian or conservator. Thereafter, all proceedings shall be as provided for in this act.
(c) No act of a guardian or conservator performed prior to the effective date of this act, which was performed in compliance with any provision of the act for obtaining a guardian or conservator, or both, in effect prior to the effective date of this act, shall be deemed unlawful because of any provision of this act.
(d) Upon and after the effective date of this act, all acts of any guardian or conservator appointed by any court prior to the effective date of this act shall comply with the provisions of this act.
History:
L. 2002, ch. 114, § 46; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3096 Severability.

59-3096.
Severability.
If any provision of this act for obtaining a guardian or a conservator, or both, or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect with the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 2002, ch. 114, § 80; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 30 - Guardians Or Conservators › 59-3097 Guardianship or conservatorship orders; full faith and credit.

59-3097.
Guardianship or conservatorship orders; full faith and credit.
Orders establishing and governing a guardianship or conservatorship, or both, issued by a court of competent jurisdiction of any other state, regardless of the specific terminology used in that state's laws, shall be given full faith and credit within this state, except when doing so would be in specific violation of any law of this state.
History:
L. 2010, ch. 52, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 31 - Uniform Testamentary Additions To Trusts Act › 59-3101 Testamentary additions to trusts.

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 testator or by the testator and some other person or persons or by some other person or persons (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testator's will and its terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the corpus of the trust). The devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator. Unless the testator's will provides otherwise, the property so devised or bequeathed (a) shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given, and (b) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of the testator's will) and, if the testator's will so provides, including any amendments to the trust made after the death of the testator. A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse.
History:
L. 1968, ch. 203, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 31 - Uniform Testamentary Additions To Trusts Act › 59-3102 Effect on prior wills.

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.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 31 - Uniform Testamentary Additions To Trusts Act › 59-3103 Uniformity of interpretation.

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.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 31 - Uniform Testamentary Additions To Trusts Act › 59-3105 Supplemental to and part of the probate code.

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.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 32 - Simplified Estates Act › 59-3201 Citation of act.

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.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 32 - Simplified Estates Act › 59-3202 Administration as simplified estate or supervised estate; determination by court.

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 determine whether the estate shall be administered as a simplified estate or as a supervised estate. In making such determination, the court may consider the size of the estate; the degree of kinship of the heirs, devisees and persons seeking appointment; the solvency of the estate; the nature of the estate; the wishes of the heirs and devisees; the probable cost of estate administration and settlement; and any other pertinent matters.
History:
L. 1975, ch. 299, § 30; January 1, 1976.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 32 - Simplified Estates Act › 59-3203 Administration as simplified estate; applicable procedure.

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:
(1) If letters issued under the Kansas simplified estates act are revoked, pursuant to K.S.A. 59-3206; or
(2) if pursuant to K.S.A. 59-3205, the executor or administrator petitions the court for a notice, judicial determination of a single proceeding or an act in the estate, but does not seek supervised administration.
(b) All procedures, notices, bonds, hearings and appeals under the Kansas simplified estates act shall proceed as set out under other provisions of the Kansas probate code, unless otherwise provided herein.
(c) All letters testamentary and letters of administration issued pursuant to the Kansas simplified estates act shall be designated on their face as letters testamentary or letters of administration issued under the Kansas simplified estates act.
(d) No provision of the Kansas simplified estates act shall be construed to eliminate any required notice of petition to sell, lease or mortgage real property.
History:
L. 1975, ch. 299, § 31; L. 1976, ch. 245, § 10; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 32 - Simplified Estates Act › 59-3204 Executor or administrator; duties.

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 estate in the manner provided by law.
(b) The executor or administrator may sell, liquidate or exchange personal property of the estate not specifically bequeathed. Payment of creditors' claims and sale, liquidation or exchange of personal property hereunder shall not require court supervision.
(c) The executor or administrator may make a distribution of a bequest or of the residue of the estate prior to the closing of the estate, and such executor or administrator may require a redelivery bond equal to the value of the property distributed.
History:
L. 1975, ch. 299, § 32; L. 1982, ch. 235, § 5; L. 2000, ch. 76, § 8; L. 2010, ch. 44, § 26; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 32 - Simplified Estates Act › 59-3205 Court supervision not required; exceptions; order to close estate.

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 required until the court orders the estate closed except: (a) When the administrator or executor petitions the court for a judicial determination of any proceeding or act in the estate, but does not seek supervised administration for the remainder of the administration and the petition is granted; or (b) when the change to supervised administration is made, as provided in K.S.A. 59-3206 and amendments thereto.
When the time for the filing of claims has expired, the time in which an appeal may be taken from an order admitting or refusing to admit a will to probate has expired and six months from the date of decedent's death have expired, the court may order the estate closed as provided in K.S.A. 59-2247 and 59-2249, and amendments thereto.
History:
L. 1975, ch. 299, § 33; L. 1985, ch. 191, § 56; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 32 - Simplified Estates Act › 59-3206 Objections to continuing administration as simplified estate; procedure; change to supervised administration.

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 estate files an objection to the administration of the estate under the Kansas simplified estates act and states his or her reasons therefor, or
(b) the executor or administrator files a statement alleging that the estate cannot be administered advantageously under the act, the issue of continuing administration under the Kansas simplified estates act shall be heard by the court, after notice has been given pursuant to K.S.A. 59-2208.
If the court finds that administration under the Kansas simplified estates act should be terminated, it shall so order and direct supervised administration.
After the filing of the objection, but prior to the hearing thereon, the court, on its own motion, or on application of a person interested in the estate, may require the filing of a bond, and make orders with respect to the estate, as provided in the Kansas probate code.
After a finding that supervised administration is necessary, letters testamentary or letters of administration shall be issued and all proceedings shall be governed by the applicable parts of the Kansas probate code, and letters issued under the Kansas simplified estates act shall be revoked.
The change to supervised administration shall not: Require republication of a notice to creditors which has been duly published; invalidate a proper inventory and valuation previously filed; invalidate any action previously taken by, or prejudice the rights of, any person who has in good faith dealt with the executor or administrator in reliance on such executor's or administrator's authority.
History:
L. 1975, ch. 299, § 34; January 1, 1976.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 33 - Informal Administration Act › 59-3301 Title of act; effective date.

59-3301.
Title of act; effective date.
(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 shall take effect and be in force on and after January 1, 1986.
History:
L. 1985, ch. 191, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 33 - Informal Administration Act › 59-3302 Petition; contents.

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 and date and place of death of the decedent and a statement that there is property which is subject to administration.
(4) The names, ages, residences, addresses and relationships of the heirs, devisees and legatees of the decedent and any named fiduciary, if known or ascertainable with reasonable diligence.
(5) The name and address of the person who prepared the will, if known or ascertainable with reasonable diligence.
(6) An inventory and valuation or appraisal of all of the assets of the decedent. This information may be set forth in the petition or listed in a separate document attached to the petition.
(7) A listing of the debts of the decedent, both paid and unpaid; an estimate of costs and expenses of informal administration, including reasonable fees; and a statement of those specific moneys belonging to decedent's estate which are proposed to be used to pay unsatisfied debts of the decedent and the expenses of informal administration. This information may be set forth in the petition or listed in a separate document attached to the petition.
(8) The nature and form of disposition requested, including a statement of whether the property will pass by will, the law of descent and distribution or valid settlement agreement. If the property is to pass by will or valid settlement agreement, the will or valid settlement agreement shall be attached.
(9) The reasons informal administration is appropriate.
(10) A request that the petitioner or other named person be designated to carry out the orders made by the court.
(11) The amount and type of bond or bonds to be given.
(12) A statement that if informal administration is denied, which alternative under K.S.A. 59-3305, and amendments thereto, is requested, and if simplified or supervised administration is requested, the name and address of the person proposed to be appointed as executor or administrator.
History:
L. 1985, ch. 191, § 2; L. 1987, ch. 211, § 4; L. 2000, ch. 76, § 9; L. 2010, ch. 44, § 27; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 33 - Informal Administration Act › 59-3303 Notice of hearing.

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 provided in K.S.A. 59-2208 and amendments thereto. A copy of the petition, including all attachments shall accompany every notice of hearing mailed in every proceeding under this act, and proof of service shall be made pursuant to K.S.A. 59-2211 and amendments thereto.
History:
L. 1985, ch. 191, § 3; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 33 - Informal Administration Act › 59-3304 Orders of court if informal administration appropriate; bond.

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 estate; and
(B) assigning, with sufficient particularity to allow their transfer, all assets of the estate, remaining after payment of any family allowances, debts and expenses, to the proper legatees and devisees, if there is an instrument admitted to probate as decedent's last will and testament; to the proper heirs, if pursuant to the law of descent and distribution; or to the proper persons entitled thereto, if pursuant to a valid settlement agreement.
(2) The court may make any of the following orders, if applicable:
(A) For family allowances pursuant to K.S.A. 59-403 and amendments thereto;
(B) for the payment of all unpaid debts, in order of their preference, and all expenses of the informal administration;
(C) designating specific moneys of the estate to be used for payment of the debts and expenses of informal administration and designating the person authorized to pay them;
(D) for release of the nominated fiduciary, if any, from all responsibility and liability;
(E) admitting to probate the decedent's last will and testament, upon proper proof; or
(F) the giving of bond, if appropriate.
(b) (1) The person ordered to pay debts and expenses of informal administration under subsection (a)(2)(C), unless excused by a testamentary instrument, shall file a bond with sufficient sureties in an amount equal to not less than 125% of the amount of money authorized to be used for payment of the debts and expenses of informal administration under subsection (a)(2)(C).
(2) If distribution of the estate, under subsection (a)(1)(B), is ordered before six months from the date of death or before any statute of nonclaims has run, any distributee who receives any property pursuant to that order shall give a redelivery bond with sufficient sureties in the amount of the value of the property assigned to that distributee.
(3) Bonds shall run for a period of time beginning with the date of the court's order and continuing until the running of any statute of nonclaims. The bonds shall be for the benefit of the heirs, devisees, legatees, trustees, creditors and nominated fiduciary, if any.
History:
L. 1985, ch. 191, § 4; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 33 - Informal Administration Act › 59-3305 Orders of court if informal administration not appropriate.

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 other appropriate circumstances. If the court determines that informal administration is not appropriate, the court may dismiss the proceeding, order a refusal to grant letters of administration proceeding, order a determination of descent proceeding if more than six months have passed since the decedent's death or order that simplified administration or supervised administration ensue without further notice of hearing, other than notice to creditors pursuant to K.S.A. 59-709 and amendments thereto.
History:
L. 1985, ch. 191, § 5; L. 1987, ch. 211, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 33 - Informal Administration Act › 59-3306 Appraisal of property.

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, ch. 191, § 6; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 34 - Uniform Statutory Rule Against Perpetuities › 59-3401 Statutory rule against perpetuities.

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
(2) the interest either vests or terminates within 90 years after its creation.
(b) Validity of General Power of Appointment Subject to a Condition Precedent. A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(1) When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or
(2) the condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.
(c) Validity of Nongeneral or Testamentary Power of Appointment. A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or
(2) the power is irrevocably exercised or otherwise terminates within 90 years after its creation.
(d) Possibility of Post-death Child Disregarded. In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1) or (c)(1), the possibility that a child will be born to an individual after the individual's death is disregarded.
(e) Effect of Certain "Later-of" Type Language. If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (i) seeks to disallow the vesting or termination of any interest or trust beyond, (ii) seeks to postpone the vesting or termination of any interest or trust until, or (iii) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.
History:
L. 1992, ch. 302, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 34 - Uniform Statutory Rule Against Perpetuities › 59-3402 Same; nonvested property interest or power of appointment, creation.

59-3402.
Same; 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 principles of property law.
(b) For purposes of this act, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in subsection (b) or (c) of K.S.A. 59-3401, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. For purposes of this act, a joint power with respect to community property or to marital property under the uniform marital property act held by individuals married to each other is a power exercisable by one person alone.
(c) For purposes of this act, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
History:
L. 1992, ch. 302, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 34 - Uniform Statutory Rule Against Perpetuities › 59-3403 Same; reformation.

59-3403.
Same; 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. 59-3401 if:
(1) A nonvested property interest or a power of appointment becomes invalid under K.S.A. 59-3401, statutory rule against perpetuities;
(2) a class gift is not but might become invalid under K.S.A. 59-3401, statutory rule against perpetuities, and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) a nonvested property interest that is not validated by subsection (a)(1) of K.S.A. 59-3401 can vest but not within 90 years after its creation.
History:
L. 1992, ch. 302, § 3; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 34 - Uniform Statutory Rule Against Perpetuities › 59-3405 Same; prospective application.

59-3405.
Same; 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 power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(b) If a nonvested property interest or a power of appointment was created before the effective date of this act and is determined in a judicial proceeding, commenced on or after the effective date of this act, to violate this state's rule against perpetuities as that rule existed before the effective date of this act, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
History:
L. 1992, ch. 302, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 34 - Uniform Statutory Rule Against Perpetuities › 59-3407 Same; uniformity of application and construction.

59-3407.
Same; 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.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3501 Real estate; transfer-on-death.

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 ownership of such interest upon the death of the owner. A transfer-on-death deed need not be supported by consideration.
(b) The signature, consent or agreement of or notice to a grantee beneficiary of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner.
History:
L. 1997, ch. 176, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3502 Same; filing of form with register of deeds.

59-3502.
Same; filing of 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 the owner, a deed in substantially the following form:
___(Name of owner)___ as owner transfers on death to ___(name of beneficiary)___, as grantee beneficiary, the following described interest in real estate: (here insert description of the interest in real estate). THIS TRANSFER ON DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE OWNER. IT REVOKES ALL PRIOR BENEFICIARY DESIGNATIONS BY THIS OWNER FOR THIS INTEREST IN REAL ESTATE.
Instead of the words "transfer-on-death" the abbreviation "TOD" may be used.
History:
L. 1997, ch. 176, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3503 Same; beneficiary; revocation; change; revocation by will, prohibited.

59-3503.
Same; 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 where the real estate is located an instrument describing the interest revoking the designation. The signature, consent or agreement of or notice to the grantee beneficiary or beneficiaries is not required.
(b) A designation of the grantee beneficiary may be changed at any time prior to the death of the record owner, by executing, acknowledging and recording a subsequent transfer-on-death deed in accordance with K.S.A. 59-3502. The signature, consent or agreement of or notice to the grantee beneficiary or beneficiaries is not required. A subsequent transfer-on-death beneficiary designation revokes all prior designations of grantee beneficiary or beneficiaries by such record owner for such interest in real estate.
(c) A transfer-on-death deed executed, acknowledged and recorded in accordance with this act may not be revoked by the provisions of a will.
History:
L. 1997, ch. 176, § 3; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 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.

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 shall vest in the designated grantee beneficiary or beneficiaries on the death of the record owner.
(b) Grantee beneficiaries of a transfer-on-death deed take the record owner's interest in the real estate at death subject to all conveyances, assignments, contracts, mortgages, liens and security pledges made by the record owner or to which the record owner was subject during the record owner's lifetime including, but not limited to, any executory contract of sale, option to purchase, lease, license, easement, mortgage, deed of trust or lien, claims of the state of Kansas for medical assistance, as defined in K.S.A. 39-702, and amendments thereto, pursuant to K.S.A. 39-709, and amendments thereto, and to any interest conveyed by the record owner that is less than all of the record owner's interest in the property.
(c) (1) Except as provided in subsection (c)(2), if a grantee beneficiary dies prior to the death of the record owner and an alternative grantee beneficiary has not been designated on the deed to succeed to such deceased grantee beneficiary's interest, the transfer, with respect to any such deceased grantee beneficiary, shall lapse.
(2) When the transfer-on-death deed was not made contingent on such grantee beneficiary surviving the record owner and a deceased grantee beneficiary leaves at least one then-surviving issue of such beneficiary upon the death of the owner when such interest would otherwise have lapsed under subsection (c)(1), the interest in the real estate shall not lapse and shall vest on such record owner's death in the then-surviving issue of the deceased grantee beneficiary on a per stirpes basis as successor grantee or grantees.
(d) Any judicial proceeding initiated by an interested party to determine the succession of ownership of real estate of a deceased record owner pursuant to subsection (c) shall be subject to chapter 59 of the Kansas Statutes Annotated, and amendments thereto, to determine descent.
(e) The amendments made to this section by this act shall apply to deeds filed of record on or after July 1, 2023.
History:
L. 1997, ch. 176, § 4; L. 2015, ch. 42, § 19; L. 2023, ch. 77, § 15; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3505 Same; joint owner.

59-3505.
Same; joint owner.
(a) A record joint owner of an interest in real estate may use the procedures in this act to title such interest in transfer-on-death form. However, title to such interest shall vest in the designated grantee beneficiary or beneficiaries only if such record joint owner is the last to die of all of the record joint owners of such interest. A deed in transfer-on-death form shall not sever a joint tenancy.
(b) As used in this section, "joint owner" means a person who owns an interest in real estate as a joint tenant with right of survivorship.
History:
L. 1997, ch. 176, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3506 Same; application of K.S.A. 58-2414 to grantor.

59-3506.
Same; application of K.S.A. 58-2414 to grantor.
The provisions of K.S.A. 58-2414, and amendments thereto, apply to the grantor of a transfer-on-death deed.
History:
L. 1997, ch. 176, § 6; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3507 Same; nontestamentary disposition.

59-3507.
Same; nontestamentary disposition.
A deed in transfer-on-death form shall not be considered a testamentary disposition and shall not be invalidated due to nonconformity with the provisions of chapter 59 of the Kansas Statutes Annotated.
History:
L. 1997, ch. 176, § 7; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3508 Motor vehicles; transfer-on-death.

59-3508. Motor vehicles; transfer-on-death.
A motor vehicle, as defined by K.S.A. 8-126, and amendments thereto, may be titled in transfer-on-death, TOD, form by including in the certificate of title a designation of a beneficiary or beneficiaries to whom the motor vehicle shall be transferred on death of the owner or the last survivor of the joint tenant with right of survivorship owners, subject to the rights of all lien holders.
History:
L. 1997, ch. 138, § 1; L. 2013, ch. 92, § 6; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3509 Same; certificate of title.

59-3509.
Same; certificate of title.
A motor vehicle is registered in transfer-on-death form by designating on the certificate of title, the name of the owner, the names of tenant in common owner or the names of the joint tenant with right of survivorship owners, followed in substance by the words "transfer on death to (name of beneficiary or beneficiaries)." Instead of the words "transfer on death to" the abbreviation "TOD" may be used.
History:
L. 1997, ch. 138, § 2; January 1, 1998.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3510 Same; beneficiaries; interest; change.

59-3510.
Same; beneficiaries; interest; change.
The transfer-on-death beneficiary or beneficiaries shall have no interest in the motor vehicle until the death of the owner or the last survivor of the joint tenant with right of survivorship owners. A beneficiary designation may be changed at any time by the owner or all of the joint tenant with right of survivorship owners then surviving without the consent of the beneficiary or beneficiaries by filing an application for a subsequent certificate of title.
History:
L. 1997, ch. 138, § 3; January 1, 1998.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3511 Same; vesting of ownership in beneficiary.

59-3511.
Same; vesting of ownership in beneficiary.
Ownership of a motor vehicle titled in transfer-on-death form, for which an application for a subsequent certificate of title has not been filed, shall vest in the designated beneficiary or beneficiaries on the death of the owner or the last of the joint tenant with right of survivorship owners, subject to the rights of all lien holders.
History:
L. 1997, ch. 138, § 4; January 1, 1998.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3512 Same; nontestamentary disposition.

59-3512.
Same; nontestamentary disposition.
A certificate of title in transfer-on-death form shall not be considered a testamentary disposition or be invalidated due to nonconformity with the provisions of chapter 59 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1997, ch. 138, § 5; January 1, 1998.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 35 - Transfer-on-death › 59-3513 Other nontestamentary transfers.

59-3513.
Other nontestamentary transfers.
(a) A provision in the following for a nonprobate transfer on death is nontestamentary:
(1) Insurance policy or annuity contract;
(2) contract of employment;
(3) current employee compensation or benefit program;
(4) deferred compensation or pension plan, including programs described in sections 401(a), 403(b), 457 or 501(c)(18) of the federal internal revenue code of 1986 as in effect on January 1, 2001;
(5) individual retirement plan, whether custodial or otherwise; or
(6) account established pursuant to a qualified state tuition program under section 529 of the federal internal revenue code of 1986 as in effect on January 1, 2001.
(b) The provisions of subsection (a) do not limit rights of creditors under other laws of this state.
History:
L. 2001, ch. 43, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 1 - Prefatory › 60-102 Construction.

60-102. Construction.
The provisions of this act shall be liberally construed, administered and employed by the court and the parties to secure the just, speedy and inexpensive determination of every action and proceeding.
History:
L. 1963, ch. 303, 60-102; L. 1997, ch. 173, § 1; L. 2010, ch. 135, § 65; L. 2017, ch. 75, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 1 - Prefatory › 60-103 Restricted mail defined.

60-103.
Restricted mail defined.
The term "restricted mail" as used in this chapter means mail, sent postage or other delivery fees prepaid, that is endorsed on its face pursuant to applicable postal regulations so that the sender will receive a return receipt notification with the date and address of delivery, and, if the addressee is a natural person, only the addressee or an authorized agent will receive the mail.
History:
L. 1963, ch. 303, 60-103; L. 1970, ch. 232, § 1; L. 2010, ch. 135, § 66; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 1 - Prefatory › 60-104 Acts by court or judge.

60-104.
Acts by court or judge.
All trials on the merits must be conducted in open court and, subject to K.S.A. 20-347, and amendments thereto, in a regular courtroom. All other acts or proceedings, including the entry of a ruling or judgment, may be done or conducted by a judge or judge pro tem in chambers, without the attendance of the clerk or other court officials, or at any place either in or outside the district; but no hearing, other than one ex parte, may be conducted outside the district without the consent of all affected parties not in default.
History:
L. 1963, ch. 303, 60-104; L. 2010, ch. 135, § 67; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-201 Rules of civil procedure; citation; scope.

60-201.
Rules of civil procedure; citation; scope.
(a) The provisions of this article may be cited as the rules of civil procedure.
(b) This article governs the procedure in all civil actions and proceedings in the district courts of Kansas, other than actions commenced pursuant to the code of civil procedure for limited actions.
History:
L. 1963, ch. 303, 60-201; L. 1976, ch. 251, § 1; L. 2000, ch. 161, § 109; L. 2005, ch. 101, § 7; L. 2010, ch. 135, § 68; July 1.