SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2125
As Amended by House Committee on Judiciary

Brief*
HB 2125, as amended, would modify law governing
filing and preserving of wills to allow a copy of a decedent’s
will to be filed, and allow a will or a copy of a will to be
probated at any time after filing, subject to any other
applicable legal defenses to such admission.
Under continuing law, an affidavit must be filed as part of
this procedure. The bill would require such affidavit filed on or
after July 1, 2021, to state whether the original will or a copy
of the will is being filed with the court.
[Note: Currently, this statute does not allow for copy of a will
to be filed and provides that a will may be probated after a six
month period from the death of the testator.]

Background
The bill was introduced by the House Committee on
Judiciary at the request of the Kansas Bar Association (KBA).

House Committee on Judiciary
In the House Committee hearing on February 4, 2021,
a representative of the KBA testified as a proponent of the
bill, stating the bill would allow a copy of a will to be
preserved for probate in cases when the original will is lost.
No other testimony was provided.
____________________
*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.kslegislature.org
 The House Committee amended the bill to require the
affidavit to state whether the original will or a copy is being
filed.
Fiscal Information
According to the fiscal note prepared by the Division
of the Budget on the bill, as introduced, the Office of Judicial
Administration (Office) indicates that enactment of the bill
could have a fiscal effect on the Judicial Branch because the
bill would allow a copy of a will to be filed as well as remove
the six-month time limit to admit wills to probate, which could
result in more time spent by court employees and judges
processing and deciding cases. The Office estimates
enactment of the bill could result in the collection of docket
fees assessed in those cases filed under the bill’s provisions.
Any fiscal effect associated with the bill is not reflected in The
FY 2022 Governor’s Budget Report.
Wills; probate; affidavit; filing of copy of will


2- 2125


Statutes affected:
As introduced: 59-618a
As Amended by House Committee: 59-618a