Session of 1999
HOUSE BILL No. 2192
By Committee on Financial Institutions
1-28
9 AN ACT relating to trusts and trustees; providing notice to creditors of
10 decedent.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. (a) Any trustee who has the duty or power to pay the debts
14 of a decedent shall give notice to creditors thereof. Such notice shall be
15 published in some newspaper, authorized by law to publish legal notices,
16 in the county in which the decedent was domiciled. Such notice shall be
17 published once a week for three consecutive weeks in substantially the
18 following form:
19 To all persons interested in the trust estate of ________________, decedent. The
20 undersigned, ____________, is acting as Trustee under a trust, the terms of which
21 provide that the debts of the decedent may be paid by the Trustee(s) upon receipt of proper
22 proof thereof. The address of the Trustee is ________________. All creditors of
23 the decedent are noticed to present their claims to the undersigned within four months
24 from the date of the first publication of this notice or be forever barred from bringing such
25 claim.
26 (b) Any trustee filing a notice to creditors under the provisions of
27 subsection (a) shall also give actual notice to known or reasonably ascer-
28 tainable creditors prior to the expiration of the nonclaim statute.
29 (c) If such publication is duly made by the trustee under subsection
30 (a) and actual notice is given to known or reasonably ascertainable cred-
31 itors under subsection (b), any claim not presented to the trustee within
32 four months from the date of the first publication of the aforesaid notice
33 shall be forever barred as against the decedent, trustee and the trust
34 property.
35 (d) The provisions of this section shall be a part of and supplemental
36 to the uniform trustees' powers act.
37 Sec. 2. This act shall take effect and be in force from and after its
38 publication in the statute book.