HOUSE BILL No. 2130
AN ACT concerning the Kansas probate code; permitting a copy of a will to be filed and
admitted to probate; increasing certain dollar amounts; relating to allowance to
spouse and minor children; supplemental elective share amount; transfers within two
years of death; homestead or homestead allowance; payment of benefits to certain
relatives; small estates affidavit for personal property; remission of court costs for
small estates; exhibition of demands and allowance without a hearing; refusal to
grant letters of administration; appealable orders and bond; requests for transfer from
magistrate to district judge; adjusting time requirements linked to notice by
publication and mailing; relating to hearing dates; sales at public auction; clarifying
how property held under a transfer-on-death deed is distributed when one beneficiary
predeceases the grantor; amending K.S.A. 59-6a202, 59-6a205, 59-1507a, 59-2209,
59-2215, 59-2237 and 59-2308 and K.S.A. 2022 Supp. 59-403, 59-618a, 59-6a215,
59-1507b, 59-2287, 59-2401, 59-2402a and 59-3504 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 59-403 is hereby amended to read as
follows: 59-403. When a resident of the state dies, testate or intestate,
the surviving spouse shall be allowed, for the benefit of such spouse
and the decedent's minor children during the period of their minority,
from the personal or real property of which the decedent was possessed
or to which the decedent was entitled at the time of death, the
following:
(a) The wearing apparel, family library, pictures, musical
instruments, furniture and household goods, utensils and implements
used in the home, one automobile, and provisions and fuel on hand
necessary for the support of the spouse and minor children for one year.
(b) A reasonable allowance of not more than $50,000 $75,000 in
money or other personal or real property at its appraised value in full or
part payment thereof, with the exact amount of such allowance to be
determined and ordered by the court, after taking into account the
condition of the estate of the decedent.
The property shall not be liable for the payment of any of decedent's
debts or other demands against the decedent's estate, except liens
thereon existing at the time of the decedent's death. If there are no
minor children, the property shall belong to the spouse; if there are
minor children and no spouse, it shall belong to the minor children. The
selection shall be made by the spouse, if living, otherwise by the
guardian of the minor children. In case any of the decedent's minor
children are not living with the surviving spouse, the court may make
such division as the court deems equitable.
Sec. 2. K.S.A. 2022 Supp. 59-618a is hereby amended to read as
follows: 59-618a. (a) Any person possessing a decedent's will may file
in the district court of the county of the decedent's last residence the
decedent's will or a copy of such will and an affidavit which that
complies with subsection (b).
(b) (1) An affidavit filed pursuant to this section shall state:
(1)(A) The name, residence address and date and place of death of
the decedent;
(2)(B) the names, addresses and relationships of all the decedent's
heirs, legatees and devisees which are known to the affiant after a
diligent search and inquiry;
(3)(C) the name and address of any trustee of any trust established
under the will;
(4)(D) that the will is being filed with the district court for the
purpose of preserving it for record in the event that probate proceedings
are later required; and
(5)(E) that a copy of the affidavit and will has been mailed to each
heir, legatee and devisee named in the affidavit.
(2) An affidavit filed pursuant to this section on or after July 1,
2023, shall state whether the original will or a copy of such will is
being filed with the court.
(c) Any will or copy of a will filed pursuant to this section within
a period of six months after the death of the testator may be admitted to
probate after such six-month period.
Sec. 3. K.S.A. 59-6a202 is hereby amended to read as follows: 59-
6a202. (a) (1) The surviving spouse of a decedent who dies a resident HOUSE BILL No. 2130—page 2
of this state has a right of election, under the limitations and conditions
stated in this act, to take an elective-share amount equal to the value of
the elective-share percentage of the augmented estate, determined by
the length of time the spouse and the decedent were married to each
other, in accordance with the following schedule:
If the decedent and the spouse The elective-share
were married to each other: percentage is:
Less than 1 year Supplemental amount only
1 year but less than 2 years...................... 3% of the augmented estate
2 years but less than 3 years..................... 6% of the augmented estate
3 years but less than 4 years..................... 9% of the augmented estate
4 years but less than 5 years..................... 12% of the augmented estate
5 years but less than 6 years..................... 15% of the augmented estate
6 years but less than 7 years..................... 18% of the augmented estate
7 years but less than 8 years..................... 21% of the augmented estate
8 years but less than 9 years..................... 24% of the augmented estate
9 years but less than 10 years................... 27% of the augmented estate
10 years but less than 11 years................. 30% of the augmented estate
11 years but less than 12 years................. 34% of the augmented estate
12 years but less than 13 years................. 38% of the augmented estate
13 years but less than 14 years................. 42% of the augmented estate
14 years but less than 15 years................. 46% of the augmented estate
15 years or more....................................... 50% of the augmented estate
(2) If the decedent and the surviving spouse were married to each
other more than once, all periods of marriage to each other are added
together for purposes of this subsection. Periods between marriages are
not counted.
(b) If the sum of the amounts described in K.S.A. 59-6a207,
subsection (a)(1) of K.S.A. and 59-6a209(a)(1), and amendments
thereto, and that part of the elective-share amount payable from the
decedent's probate estate and nonprobate transfers to others under
subsections (b) and (c) of K.S.A. 59-6a209(b) and (c), and
amendments thereto, is less than $50,000 $100,000, the surviving
spouse is entitled to a supplemental elective-share amount equal to
$50,000 $100,000, minus the sum of the amounts described in those
sections. The supplemental elective-share amount is payable from the
decedent's probate estate and from recipients of the decedent's
nonprobate transfers to others in the order of priority set forth in
subsections (b) and (c) of K.S.A. 59-6a209(b) and (c), and
amendments thereto.
(c) If the right of election is exercised by or on behalf of the
surviving spouse, the surviving spouse's homestead allowance, and
family allowance, if any, are not charged against but are in addition to
the elective-share and supplemental elective-share amounts.
(d) The right, if any, of the surviving spouse of a decedent who
dies a nonresident of this state to take an elective share in property in
this state is governed by article 8 of chapter 59 of the Kansas Statutes
Annotated, and amendments thereto.
Sec. 4. K.S.A. 59-6a205 is hereby amended to read as follows: 59-
6a205. The value of the augmented estate includes the value of the
decedent's nonprobate transfers to others, not included under K.S.A.
59-6a204, and amendments thereto, of any of the following types, in
the amount provided respectively for each type of transfer.:
(a) Property owned or owned in substance by the decedent
immediately before death that passed outside probate at the decedent's
death. Property included under this category consists of:
(1) Property over which the decedent alone, immediately before
death, held a presently exercisable general power of appointment. The
amount included is the value of the property subject to the power, to the
extent that such property passed at the decedent's death, by exercise,
release, lapse, in default, or otherwise, to or for the benefit of any
person other than the decedent's estate or surviving spouse.
(2) The decedent's fractional interest in property held by the
decedent in joint tenancy with the right of survivorship. The amount HOUSE BILL No. 2130—page 3
included is the value of the decedent's fractional interest, to the extent
that such fractional interest passed by right of survivorship at the
decedent's death to the surviving joint tenant other than the decedent's
surviving spouse.
(3) The decedent's ownership interest in property or accounts
passing to another upon decedent's death. The amount included is the
value of the decedent's ownership interest, to the extent that the
decedent's ownership interest passed at the decedent's death to or for
the benefit of any person other than the decedent's estate or surviving
spouse.
(4) Proceeds of insurance, including accidental death benefits, on
the life of the decedent, if the decedent owned the insurance policy
immediately before death or if and to the extent that the decedent alone
and immediately before death held a presently exercisable general
power of appointment over the policy or its proceeds. The amount
included is the value of the proceeds, to the extent that they were
payable at the decedent's death to or for the benefit of any person other
than the decedent's estate or surviving spouse;.
(b) Property transferred in any of the following forms by the
decedent during marriage:
(1) Any irrevocable transfer in which the decedent retained the
right to the possession or enjoyment of, or to the income from, the
property if and to the extent that the decedent's right terminated at or
continued beyond the decedent's death. The amount included is the
value of the fraction of the property to which the decedent's right
related, to the extent that such fraction of the property passed outside
probate to or for the benefit of any person other than the decedent's
estate or surviving spouse.
(2) Any transfer in which the decedent created a power over
income or property, exercisable by the decedent alone or in conjunction
with any other person, or exercisable by a nonadverse party, to or for
the benefit of the decedent, the creditors of the decedent, the decedent's
estate, or creditors of the decedent's estate. The amount included with
respect to a power over property is the value of the property subject to
the power, and the amount included with respect to a power over
income is the value of the property that produces or produced the
income, to the extent that the power in either case was exercisable at
the decedent's death to or for the benefit of any person other than the
decedent's surviving spouse or to the extent that the property passed at
the decedent's death, by exercise, release, lapse, in default, or
otherwise, to or for the benefit of any person other than the decedent's
estate or surviving spouse. If the power is a power over both income
and property and the preceding sentence produces different amounts,
the amount included is the greater amount.
(c) Property that passed during marriage and during the two-year
period next preceding the decedent's death as a result of a transfer by
the decedent if the transfer was of any of the following types:
(1) Any property that passed as a result of the termination of a
right or interest in, or power over, property that would have been
included in the augmented estate under subparagraph (a)(1), (2), or (3),
or under subparagraph (c)(2), if the right, interest, or power had not
terminated until the decedent's death. The amount included is the value
of the property that would have been included under those
subparagraphs, if the property were valued at the time that the right,
interest, or power terminated, and is included only to the extent that the
property passed upon termination to or for the benefit of any person
other than the decedent or the decedent's estate, spouse, or surviving
spouse. As used in this subparagraph, "termination," with respect to a
right or interest in property, occurs when the right or interest terminated
by the terms of the governing instrument or the decedent transferred or
relinquished the right or interest, and, with respect to a power over
property, occurs when the power terminated by exercise, release, lapse,
default, or otherwise, but, with respect to a power described in
paragraph (a)(1), "termination" occurs when the power terminated by HOUSE BILL No. 2130—page 4
exercise or release, but not otherwise.
(2) Any transfer of or relating to an insurance policy on the life of
the decedent if the proceeds would have been included in the
augmented estate under subparagraph (a)(4) had the transfer not
occurred. The amount included is the value of the insurance proceeds to
the extent that the proceeds were payable at the decedent's death to or
for the benefit of any person other than the decedent's estate or
surviving spouse.
(3) Any transfer of property, to the extent not otherwise included
in the augmented estate, made to or for the benefit of a person other
than the decedent's surviving spouse. The amount included is the value
of the transferred property to the extent that the aggregate transfers to
any one donee in either of the two years exceeded $10,000 $25,000.
Sec. 5. K.S.A. 2022 Supp. 59-6a215 is hereby amended to read as
follows: 59-6a215. A surviving spouse is entitled to the homestead, or
in lieu thereof the surviving spouse may elect to receive a homestead
allowance of $50,000 $75,000. The homestead or homestead allowance
is exempt from and has priority over all demands against the estate. The
homestead or homestead allowance is in addition to any share passing
to the surviving spouse by way of elective share.
Sec. 6. K.S.A. 59-1507a is hereby amended to read as follows: 59-
1507a. (a) If not less than 180 days after the death of an individual
entitled at the time of death to a monthly benefit or benefits under title
II of the social security act or under any veterans administration
program or public or private retirement or annuity plan, all or part of
the amount of such benefit or benefits, not in excess of $5,000 $10,000,
is paid to: (1) The surviving spouse,; (2) one or more of the deceased's
children, or descendants of the deceased's deceased children,; (3) the
deceased's father or mother,; or (4) the deceased's brother or sister,.
Preference being shall be given in the order named if more than one
request for payment has been made by or for the named individuals,.
Such payment shall be deemed to be a payment to the personal
representative of the decedent and shall constitute a full discharge and
release from any further claim for such payment to the same extent as if
such payment had been made to an executor or administrator of the
decedent's estate.
(b) The provisions of subsection (a) shall apply only if an affidavit
has been made and filed with the appropriate governmental office or
private company responsible for the benefit by the surviving spouse or
other relative by whom or on whose behalf request for payment is made
and such affidavit shows: (1) The date of death of the deceased,; (2) the
relationship of the affiant to the deceased,; (3) that no executor or
administrator for the deceased has qualified or been appointed,; and (4)
that, to the affiant's knowledge, there exists at the time of the filing of
such affidavit, no relative of a closer degree of kindred to the deceased
than the affiant.
Sec. 7. K.S.A. 2022 Supp. 59-1507b is hereby amended to read as
follows: 59-1507b. When a resident of the state dies, whether testate or
intestate, if the total assets of the estate of the decedent subject to
probate do not exceed $40,000 $75,000 in value, any personal property
of whatever nature transferable to the decedent's estate by any entity or
person shall be transferred to the successor or successors of the
decedent, if entitled thereto by will or by intestate succession, without
having been granted letters of administration or letters testamentary,
upon such successor's or successors' furnishing the entity or person
with an affidavit showing entitlement thereto. Transfer of such personal
property to the successor or successors shall be deemed to be a transfer
to the personal representative of the decedent, and the receipt of the
successor or successors shall constitute a full discharge and release
from any further claim for such transfer to the same extent as if the
transfer had been made to an executor or administrator of the
decedent's estate. The affidavit required herein shall be deemed
sufficient if in substantial compliance with the form set forth by the
judicial council. HOUSE BILL No. 2130—page 5
Sec. 8. K.S.A. 59-2209 is hereby amended to read as follows: 59-
2209. (a) When notice of hearing is required by any provision of this
act by specific reference to this section, such notice shall be published
once a per week for three consecutive weeks in some newspaper of the
county authorized by law to publish legal notices. The first publication
shall be made within 10 30 days after the order fixing the time and
place of the hearing and, within seven days after the first published
notice, the petitioner shall mail or cause to be mailed, postage prepaid,
a copy of the notice to each heir, devisee and legatee or guardian and
ward, conservator and conservatee or guardian ad litem, as the case
may be, other than the petitioner, whose name and address is known to
the petitioner. A copy of the petition, any attachments to it and, when
applicable, a copy of the will, accounting and settlement agreement
shall be included with the notice, unless excused by court order. The
date set for the hearing shall not be earlier than seven days nor later
than 14 10 days and not later than 30 days after the date of the last
publication of notice.
(b) Whenever notice is mailed to a person residing in a foreign
country, such notice shall be mailed by air mail.
Sec. 9. K.S.A. 59-2215 is hereby amended to read as follows: 59-
2215. When the total assets of the estate of a decedent or conservatee
do not exceed the sum of $5,000 $10,000 in value, the court may remit
the court costs or any part thereof to such estate.
Sec. 10. K.S.A. 59-2237 is hereby amended to read as follows: 59-
2237. (a) Any person may exhibit a demand against the estate of a
decedent by filing a petition for its allowance in the proper district
court. Such demand shall be deemed duly exhibited from the date of the
filing of the petition. The petition shall contain a statement of all offsets
to which the estate is entitled. The person exhibiting the demand shall
provide a copy of the demand, as filed, to the personal representative of
the estate. The court shall from time to time as it deems advisable, and
must at the request of the executor or administrator, or at the request of
any creditor having exhibited demand, fix the time and place for the
hearing of such demands. Notice of the time and place of the demand
hearing shall be given in such manner and to such persons as the court
shall direct.
(b) The verification of any demand may be deemed prima facie
evidence of its validity unless a written defense thereto is filed. Upon
the adjudication of any demand, the court shall enter its judgment
allowing or disallowing it. Such judgment shall show the date of
adjudication, the amount allowed, the amount disallowed and
classification if allowed. Judgments relating to contingent demands
shall state the nature of the contingency.
(c) Any demand not exceeding $5,000 $10,000, other than a
demand by the executor or administrator, duly itemized and verified
and which is timely filed, may be paid by the executor or administrator
without compliance with any of the provisions of this act relating to
petition, notice of hearing, allowance by the court or otherwise. If a
written defense to the petition of the executor or administrator for a
final settlement and accounting is timely filed by any interested party
which takes issue with payment of the demand by the executor or
administrator, at the hearing on the petition the burden of proof shall be
upon the executor or administrator to establish that the demand was due
and owing by the estate. If the demand, or any part thereof, is
disallowed by the court, the accounting of the executor or administrator
shall not be allowed as to the disallowed demand, or part thereof.
Sec. 11. K.S.A. 2022 Supp. 59-2287 is hereby amended to read as
follows: 59-2287. (a) The district court, in its discretion, may refuse to
grant letters in the following cases:
(1) When the value of real or personal property owned by the
decedent is not greater in amount than is allowed by law as exempt
property and the allowance to the surviving spouse or minor children
under K.S.A. 59-403, and amendments thereto.
(2) When the real and personal estate of the decedent does not HOUSE BILL No. 2130—page 6
exceed $50,000 $75,000 and the estate is not subject to allowances
pursuant to K.S.A. 59-403, and amendments thereto, or such
allowances are waived, any heir, devisee, legatee, creditor or other
interested person may petition for refusal of letters by giving bond in
the sum of not less than the value of the estate. Such bond shall be
approved by the district court and conditioned upon the creditor's or
heir's assuming the obligation to pay, so far as the assets of the estate
will permit, the debts of the decedent in the order of their preference,
and to distribute the balance, if any, to the persons entitled thereto
under the law, except that real estate sold in accordance with this
section shall be deemed to have marketable title as ordered by the
court, and no creditor, heir or other person shall be deemed to have an
interest after passage of six months following the date of death.
(b) Proof may be allowed by or on behalf of the surviving spouse
or minor children before the district court of the value and nature of the
estate. If the court is satisfied that no estate will be left after allowing to
the surviving spouse or minor children their exempt property and
statutory allowances, or that the real and personal estate does not
exceed $50,000 $75,000 when the petition is filed by a creditor or heir,
the court may order that no letters of administration shall be issued on
the estate, unless, upon the petition of other creditors, heirs or parties
interested, the existence of other or further property is shown.
(c) When a petition is filed under this section by a surviving
spouse or minor children, notice of the proceeding shall be given
pursuant to K.S.A. 59-2222, and amendments thereto.
(d) Whenever it appears to the court that further proceedings in the
administration of an estate pursuant to this section are unnecessary, the
court shall enter an order terminating the administration of such estate.
Such order shall be made without notice, unless the court otherwise
orders, and it shall be to the effect that, unless further estate of the
decedent be discovered, all further settlements and other proceedings
concerning the estate be dispensed with and that the surviving spouse
and minor children are relieved of any further obligations with respect
to the estate. If further estate of the decedent is discovered and
administration is had on it, such administration shall not abrogate or
invalidate or otherwise affect any right, title or interest in property
transferred or vested pursuant to this section unless the court, for good
cause shown, otherwise determines and orders.
(e) Any will filed pursuant to this section within a period of six
months after the death of the testator may be admitted to probate after
such six-month period.
Sec. 12. K.S.A. 59-2308 is hereby amended to read as follows: 59-
2308. In all sales at public auction the personal representative shall give
notice containing a particular description of the real estate to be sold,
and by stating such notice shall state the time, terms and place of sale.
The notice shall be given by publication once a per week for three
consecutive weeks in some newspaper, authorized to publish legal
notices, of the county in which where the real estate is situated. The
date set for the sale shall not be earlier than seven days nor later than 14
10 days and not later than 30 days after the date of the last publication
of notice. If the tracts to be sold are contiguous and lie in more than one
county, notice may be given and the sale made in either of such
counties.
Sec. 13. K.S.A. 2022 Supp. 59-2401 is hereby amended to read as
follows: 59-2401. (a) An appeal from a district magistrate judge to a
district judge may be taken no later than 30 days from the date of entry
of any of the following orders, judgments or decrees in any case
involving a decedent's estate:
(1) An order admitting or refusing to admit a will to probate.
(2) An order finding or refusing to find that there is a valid
consent to a will.
(3) An order appointing, refusing to appoint, removing or refusing
to remove a fiduciary other than a special administrator.
(4) An order setting apart or refusing to set apart a homestead or HOUSE BILL No. 2130—page 7
other property, or making or refusing to make an allowance of exempt
property to the spouse and minor children.
(5) An order determining, refusing to determine, transferring or
refusing to transfer venue.
(6) An order allowing or disallowing a demand, in whole or in
part, when the amount in controversy exceeds $5,000 $10,000.
(7) An order authorizing, refusing to authorize, confirming or
refusing to confirm the sale, lease or mortgage of real estate.
(8) An order directing or refusing to direct a conveyance or lease
of real estate under contract.
(9) Judgments for waste.
(10) An order directing or refusing to direct the payment of a
legacy or distributive share.
(11) An order allowing or refusing to allow an account of a
fiduciary or any part thereof.
(12) A judgment or decree of partial or final distribution.
(13) An order compelling or refusing to compel a legatee or
distributee to refund.
(14) An order compelling or refusing to compel payments or
contributions of property required to satisfy the elective share of a
surviving spouse pursuant to K.S.A. 59-6a201 et seq., and amendments
thereto.
(15) An order directing or refusing to direct an allowance for the
expenses of administration.
(16) An order vacating or refusing to vacate a previous appealable
order, judgment, decree or decision.
(17) A decree determining or refusing to determine the heirs,
devisees and legatees.
(18) An order adjudging a person in contempt pursuant to K.S.A.
59-6a201 et seq., and amendments thereto.
(19) An order finding or refusing to find that there is a valid
settlement agreement.
(20) An order granting or denying final discharge of a fiduciary.
(21) Any other final order, decision or judgment in a proceeding
involving a decedent's estate.
(b) An appeal from the district court to an appellate court taken
pursuant to this section shall be taken in the manner provided by
chapter 60 of the Kansas Statutes Annotated, and amendments thereto,
for other civil cases.
(c) Pending the determination of an appeal pursuant to section
subsection (a) or (b) of this section, any order appealed from shall
continue in force unless modified by temporary orders entered by the
court hearing the appeal. The supersedeas bond provided for in K.S.A.
60-2103, and amendments thereto, shall not stay proceedings under an
appeal from the district court to an appellate court.
(d) In an appeal taken pursuant to section subsection (a) or (b) of
this section, the court from which the appeal is taken may require an
appropriate party, other than the state of Kansas, any subdivision
thereof, and all cities and counties in this state, to file a bond in such
sum and with such sureties as may be fixed and approved by the court
to ensure that the appeal will be prosecuted without unnecessary delay
and to ensure the payment of all judgments and any sums, damages and
costs that may be adjudged against that party.
Sec. 14. K.S.A. 2022 Supp. 59-2402a is hereby amended to read
as follows: 59-2402a. (a) When a petition is filed in the district court
and a district magistrate judge is assigned to hear such petition, any
interested party may request the transfer of the matter to the chief judge
for assignment to a district judge if the petition is:
(1) To admit a will to probate;
(2) to determine venue or a transfer of venue;
(3) to allow any claim exceeding $5,000 $10,000 in value;
(4) for the sale, lease or mortgage of real estate;
(5) for conveyance of real estate under contract;
(6) for payment of a legacy or distributive share; HOUSE BILL No. 2130—page 8
(7) for partial or final distribution;
(8) for an order compelling a legatee or distributee to refund;
(9) for an order to determine heirs, devisees or legatees; or
(10) for an order which involves construction of a will or other
instrument.
(b) When a request for such transfer is filed less than three days
prior to the commencement of the hearing, the court shall assess the
costs occasioned by the subpoena and attendance of witnesses against
the party seeking the transfer. Such request may be included in any
petition, answer or other pleading, or may be filed as a separate
petition, and shall include an allegation that a bona fide controversy
exists and that the transfer is not sought for the purpose of vexation or
delay. Notice of such request shall be given as ordered by the court.
Sec. 15. K.S.A. 2022 Supp. 59-3504 is hereby amended to read as
follows: 59-3504. (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.
Sec. 16. K.S.A. 59-6a202, 59-6a205, 59-1507a, 59-2209, 59-2215,
59-2237 and 59-2308 and K.S.A. 2022 Supp. 59-403, 59-618a, 59-
6a215, 59-1507b, 59-2287, 59-2401, 59-2402a and 59-3504 are hereby
repealed.
Sec. 17. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and was adopted by that body
HOUSE adopted
Conference Committee Report HOUSE BILL No. 2130—page 9
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.