Volume 45 - Issue 17- April 23, 2026
State of Kansas
Secretary of State
Certification of New State Laws
I, Scott Schwab, Secretary of State of the State of Kansas, do hereby certify that the following bill is a correct copy of the original enrolled bill now on file in my office.
Scott Schwab
Secretary of State
(Published in the Kansas Register April 23, 2026.)
Senate Bill No. 480
An Act concerning probate; requiring nonresident fiduciaries to appoint an agent residing in this state; relating to estates of absentees; amending K.S.A. 59-1706 and repealing the existing section; reviving and amending K.S.A. 59-2701, 59-2702, 59-2703, 59-2704, 59-2705, 59-2707 and 59-2708 and repealing the revived sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 59-1706 is hereby amended to read as follows: 59-1706. Every nonresident appointed as a fiduciary in this state, before entering upon the duties of the trust, shall appoint in writing an agent residing in the county where the appointment is made this state. By such writing, the nonresident fiduciary consents that the service of any notice or process upon such agent shall have the same force and effect as personal service upon the fiduciary within such county and this state. Such writing shall state the correct address of such agent and shall be filed in the district court where such appointment is made. Such writing shall include written acceptance of such appointment by the designated agent. Service of notice or process upon such agent shall have the same force and effect as personal service upon the fiduciary.
Sec. 2. K.S.A. 59-2701 is hereby revived and amended to read as follows: 59-2701. (a) The district courts shall have jurisdiction to administer, in accordance with the provisions of this act K.S.A. 59-2701 through 59-2705 and 59-2707, and amendments thereto, the property within this state of (a):
(1) Any person who has disappeared and remains unheard from by the persons most likely to hear from him or her, such person; or (b)
(2) any person who is reported by the United States department of defense to be a prisoner of war or missing in action.
(b) The word “absentee” as used in this act K.S.A. 59-2701 through 59-2705 and 59-2707, and amendments thereto, shall refer to such a person.
Sec. 3. K.S.A. 59-2702 is hereby revived and amended to read as follows: 59-2702. (a) A trustee may be appointed for the estate of any such absentee to administer the same such estate until such time as he or she absentee returns or is found to be dead in accordance with the subsequent provisions hereof K.S.A. 59-2701 through 59-2705 and 59-2707, and amendments thereto. A petition for the appointment of such trustee may be filed by any person. Venue for the proceedings thereon on such petition shall be in accordance with the laws applicable to the appointment of conservators for nonresident’s proposed conservatees. The petition shall include:
(1) The name, age, and the last known residence of the absentee,;
(2) the fact of the absentee’s disappearance and all known circumstances pertaining thereto, including the date and place of his or her the absentee’s last known whereabouts,;
(3) the names and addresses of his or her the absentee’s known next of kin and spouse, if any,;
(4) the names and addresses of any other known persons who are likely to hear from the absentee,; and
(5) the general nature and probable value of his or her the absentee’s real and personal property.
(b) Notice of the filing of the petition and of the hearing thereon on such petition shall be given in accordance with K.S.A. 59-2209 to through 59-2211, inclusive and amendments thereto, and copies thereof of such petition shall be mailed to said the next of kin, spouse if any, and the said other persons likely to hear from the absentee as shown by the petition. Upon the hearing the court shall appoint a trustee if satisfied of the truth of the allegations of the petition and that there is property of the absentee within the state subject to being lost or dissipated unless a trustee is appointed to manage and conserve the same such property.
Sec. 4. K.S.A. 59-2703 is hereby revived and amended to read as follows: 59-2703. The provisions of the laws applicable to the oath, bond, inventory, accountings, debts, liabilities, powers, duties and discharge of conservators shall govern in the administration and management of the estates of such absentees and the trustees thereof of such estates.
Sec. 5. K.S.A. 59-2704 is hereby revived and amended to read as follows: 59-2704. (a) An absentee shall be presumed to be dead for the purposes of this act K.S.A. 59-2701 through 59-2705 and 59-2707, and amendments thereto, if:
(1) The absentee shall remain remains unheard from by those persons most likely to hear from such absentee for a period of not less than five years; and
(2) one or more persons who had a bona fide motive for locating the absentee have conducted a diligent search for the absentee in all places where such absentee’s presence could reasonably be expected.
(b) If no such search has been made with reference to an absentee who has been unheard from for more than five years and for whose estate a trustee has been appointed in accordance with this act K.S.A. 59-2701 through 59-2705 and 59-2707, and amendments thereto, the district court may on the court’s own motion order the trustee to conduct such search under the direction of the court and pay the reasonable expenses thereof for such search out of the estate.
(c) Absentees missing as a result of a catastrophic event or disaster shall be presumed dead under K.S.A. 59-2708, and amendments thereto.
Sec. 6. K.S.A. 59-2705 is hereby revived and amended to read as follows: 59-2705. (a) At any time, upon petition signed by the absentee or on a petition of an attorney-in-fact acting upon an adequate power of attorney granted by the absentee, the court shall declare the absentee alive and order the state registrar to rescind the presumptive death certificate and direct the termination of the trust estate and the transfer of all property held thereunder under such trust estate to the absentee or to the designated attorney-in-fact.
(b) Upon the petition of any person interested in the estate of an absentee presumed to be dead, and on proof thereof in addition to all other matters required by law to be proved for the appointment of an administrator or executor, the district court shall proceed to administer the estate of such absentee as if such absentee was known to have died on the date of the filing of such petition.
(c) Upon petition of any person interested in the estate of any person reported by the United States department of defense as missing in action for over three years, the district court, upon proof that such person has been reported as missing in action for over three years, shall proceed to terminate the trust estate of such absentee in the same manner as the final settlement of a decedent’s estate. The district court shall proceed to administer the estate of such absentee as if such absentee was known to have died on the date of the filing of such petition, but the district court shall not declare the absentee to be deceased.
(d) All laws now or hereafter enacted for the administration of estates of known decedents shall be applicable to absentees declared presumptively dead under K.S.A. 59-2708, and amendments thereto, and subsection (b) of this section, except:
(1) No administrator, executor or personal representative of such absentee shall make a final distribution of the assets of such estate until the expiration of three years after the date of presumptive death, provided except that assets in the estate of such absentee which that are exempt from attachment by creditors, including moneys paid by the United States of such nature and other assets of any such estate which that would otherwise be available for the support of the spouse, children and other dependents of such absentee, if such absentee were alive, after allowance for debts and costs of administration, may be paid for the support of the spouse and children and dependents of such absentee upon order of the court until such time as distribution may be made or administration terminated. If the absentee has not appeared after the period of three years the court’s finding shall become effective to permit final distribution of such person’s estate.
(2) Upon final settlement of the absentee’s estate the provisions of subsection (e) shall apply.
(e) All laws now or hereafter enacted for the administration of estates of known decedents shall be applicable to the settlement of estates authorized by subsections (b), (c) and (d) except:
(1) If such absentee should return returns within five years after entry of the order of final settlement, any order made during such administration shall be subject to being set aside on such absentee’s application for good cause shown and filed within three months after such absentee learned, or reasonably could have learned of such order; but. Setting aside any such order shall not prejudice the rights of any person who has acquired an interest in any property for value, or of any trustee, executor or administrator who has acted in good faith in accordance with the provisions of this act K.S.A. 59-2701 through 59-2705 and 59-2707, and amendments thereto.
(2) No distributee of a share or interest in the estate shall receive or be assigned the same such share or interest on final settlement until such distributee shall have has filed a bond conditioned that if such absentee shall return returns within five years from after receipt or assignment of the same and make such share or interest and makes a claim thereto, such property, or the reasonable value thereof if it has been disposed of, together with the net income therefrom, shall be returned to the absentee. The court may require sureties on such bond, which and such sureties shall be subject to the approval of the court. No action shall be brought on such bond more than one year after the absentee learned of such distribution nor in any event more than six years after the date of such distribution.
Sec. 7. K.S.A. 59-2707 is hereby revived and amended to read as follows: 59-2707. This actK.S.A. 59-2701 through 59-2705 and 59-2707, and amendments thereto, shall be and construed as a part of and supplemental to the Kansas probate code.
Sec. 8. K.S.A. 59-2708 is hereby revived and amended to read as follows: 59-2708. (a) In cases of catastrophic events, disasters, states of emergency or states of war emergency, the death of persons whose bodies could not be found or identified shall be established according to the following procedure:
(1) The governor or president of the United States or both shall have declared a state of emergency or state of war emergency.
(2) An absentee shall be presumed dead immediately after the catastrophic event if:
(A) The absentee’s body could not be recovered due to the nature of the catastrophic event; and
(B) evidence presented to a court of proper jurisdiction places the absentee at the site of the catastrophic event on the date and at the time of the event.
(3) Upon a finding of presumptive death, the district court shall order the coroner in the county in which where death occurred to prepare a death certificate with the cause of death identified as due to the catastrophic event in accordance with K.S.A. 65-2412(c) and 65-2414, and amendments thereto.
(4) Upon receipt of the death certificate the office of vital statistics shall register and make available for issuance certified copies of the death certificate in accordance with K.S.A. 65-2401 et seq., and amendments thereto.
(5) If pertinent new information is received by the court, pursuant to a court order, the presumptive death certificate may be amended in accordance with K.S.A. 65-2422c, and amendments thereto. In a case where the absentee is found to be alive, the presumptive death certificate shall be rescinded.
(6) The secretary of the department of health and environment may by rule and regulation prescribe forms and procedures to implement the provisions of this act section and K.S.A. 59-2704 and 59-2705, and amendments thereto.
(b) For the purposes of this act section and K.S.A. 59-2704 and 59-2705, and amendments thereto:
(1) “Catastrophic event” means a disaster that will require massive state or federal assistance, or both, including immediate military involvement.
(2) “Disaster” means any natural, technological or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the governor or president of the United States or a state of war emergency by the president of the United States.
(3) “State of emergency” means the declaration of the existence of conditions of disaster, catastrophe or extreme peril to the safety of persons or property within the state caused by air or water pollution, fire, flood, storm, epidemic, earthquake, resource shortages or other natural or man-made conditions other than conditions causing a “state of war emergency”, which conditions by reasons of their magnitude are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county or municipality, or both, and requires combined forces of the state to combat.
(4) “State of war emergency” means the condition which exists immediately, with or without a declaration by the governor, whenever this state or nation is attacked by an enemy of the United States or upon receipt by the state of a warning from the federal government indicating an action against persons or society including but not limited to, emergency attack, sabotage, terrorism, civil unrest or other action impairing the orderly administration of government is probable or imminent.
Sec. 9. K.S.A. 59-1706, 59-2701, as revived by section 1 of this act, 59-2702, as revived by section 2 of this act, 59-2703, as revived by section 3 of this act, 59-2704, as revived by section 4 of this act, 59-2705, as revived by section 5 of this act, 59-2707, as revived by section 6 of this act, and 59-2708, as revived by section 7 of this act, are hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its publication in the Kansas register.
Doc. No. 054096
