Revocable Living Trusts in Kansas

Kansas has adopted the Uniform Trust Code as the Kansas Uniform Trust Code (effective January 1, 2003). For trusts created by instruments signed on or after January 1, 2003, a trust is revocable unless its terms expressly say it is irrevocable, and the settlor may revoke or amend it. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left in the decedent's name may require probate, a small estate affidavit, or a determination of descent.

Non-probate options in Kansas include: transfer-on-death deeds for real estate, signed, notarized and recorded with the register of deeds before death (K.S.A. 59-3501 to 59-3504); a transfer-on-death beneficiary named on a Kansas vehicle title, claimed with the Transfer on Death Affidavit (TR-82); payable-on-death and joint accounts; joint tenancy with right of survivorship; property in a funded revocable trust (K.S.A. 58a-602); the small estate affidavit for probate assets of $75,000 or less (K.S.A. 59-1507b); and determination of descent proceedings (K.S.A. 59-2250).