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Committee hears bill to revive statutes governing estates of absent persons
Summary
Testimony supported reviving repealed statutes that allow trustees and courts to manage and ultimately distribute assets of absentees after statutory periods, with protections and bond requirements if the absentee later appears.
The committee heard Senate Bill 480, which would revive a set of statutes related to estates of absentees that were unintentionally repealed when the legislature adopted the Uniform Guardianship/Conservatorship acts in 2025. Reviser testimony said the bill revives KSA sections (59-2701 et seq., other than 59-2706) and makes technical updates.
Proponent Shane Rawson explained the practical problem: absent persons who cannot be located leave estates that cannot be finally administered without the prior statutes. The revived provisions would allow the court to presume death after five years of absence, provide a three-year hold period before distribution to heirs, and require a bond to guarantee repayment if the absentee later appears; the absentee would be entitled to recovery of assets if they reappear within a statutory period. Rawson asked the committee to put the bill on the consent calendar.
Committee members asked whether the statutes cover digital assets; Rawson said those are addressed by other statutes (Uniform Fiduciary Access to Digital Assets Act, KSA 58-48-14) and that conservators can obtain access to digital assets under existing law. No opponents appeared and the hearing was closed.
