Brief⁽¹⁾

H.B. 2192 would add a new provision to the Kansas Uniform Trustees' Powers Act concerning notice to creditors of decedents. The bill allows trustees to publish a notice of death in a newspaper authorized to publish legal notices in the county of the decedent. Publication of the notice prescribed in the bill once a week for three consecutive weeks would serve as notice to creditors to prepare and file claims against the estate. Actual notice must be given to known or reasonably ascertainable creditors.

Claims not presented to the trustee within four months of the first publication are barred from filing against the decedent, the trustee, and the trust property.

Background

H.B. 2192 was recommended by the Kansas Bankers Association, Trust Division, whose representative explained that, while more and more Kansans are utilizing living trusts, the law does not provide a mechanism for creditors to know of the death of a debtor. Likewise, the law does not provide a cutoff for filing claims against a trustee. The bill provides for notice to creditors to be used at the discretion of the trustee and also protection for the trustee against claims filed after four months. The bill creates a parallel statute to K.S.A. 59-709 applicable to executors or administrators of estates.

There would be no fiscal impact on the state with passage of the bill.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.