Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor


February 14, 2024


The Honorable Susan Humphries, Chairperson
House Committee on Judiciary
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Humphries:
SUBJECT: Fiscal Note for HB 2693 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2693 is
respectfully submitted to your committee.
HB 2693 would create the Uniform Partition of Heirs Property Act. The bill would specify
that in an action to partition real property, the court must determine whether the property is heirs
property, and if so, the property would be required to be partitioned under the Act unless all of the
co-tenants otherwise agree. The bill outlines methods that could be used to determine the value of
the property and how notice of such actions or valuations would be given to interested parties
along with legal procedures the courts must follow. The bill also outlines procedures any co-
tenants would be required to follow to buy all interests owned by other co-tenants that requested
partition by sale. Parties would be allowed submit requests to the court to authorize the sale of
property interests requested by co-tenants. The bill outlines factors the court would consider in
such requests. The bill also outlines procedures the court would follow in actions regarding
partition in kind. If the court orders a sale of heirs property, the bill would outline how an open-
market sale would be conducted.
The Office of Judicial Administration indicates that enactment of the bill could have a
fiscal effect on the Judicial Branch because it creates new requirements for the district courts
regarding partition of property cases. This could increase the time spent by district court judicial
and nonjudicial personnel in processing, researching, and hearing cases. The bill could also
increase revenues to the Judicial Branch through docket and other fees, which would be deposited
into the State General Fund and other state funds. However, the Office indicates it cannot estimate
a precise fiscal effect until it has had the opportunity to operate under the provisions of the bill.
The Honorable Susan Humphries, Chairperson
Page 2—HB 2693

Any fiscal effect associated with HB 2693 is not reflected in The FY 2025 Governor’s Budget
Report.

Sincerely,

Adam C. Proffitt
Director of the Budget


cc: Trisha Morrow, Judiciary