SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2130
As Amended by Senate Committee on Judiciary

Brief*
HB 2130, as amended, would amend law in the Kansas
Probate Code (Code) concerning certain dollar amount limits
and thresholds referenced in the Code, transfer-on-death
deeds, and publication of notice of probate hearings and
sales of probate real estate.

Dollar Amount Limits and Thresholds
The bill would increase limits on amounts that may be
received by a decedent’s surviving spouse or children
pursuant to the Code under certain circumstances from
$5,000 to $10,000, including:
● Payable amount of public or private retirement or
annuity plan, Social Security, and Veterans
Administration benefits;
● Total assets threshold allowing for remission of
court costs;
● Demand amount to bypass a required hearing; and
● Amount in controversy for a transfer from a
magistrate to a district judge.
The bill would increase the two-year transfer amount
threshold from $10,000 to $25,000.

____________________
*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 bill would increase the following amounts from
$50,000 to $75,000:
● Allowance to spouse and minor children;
● Homestead allowance;
● Small estate cap for personal property; and
● Estate cap for a petition for a refusal of letters of
administration.
The bill would increase the supplemental elective share
amount threshold from $50,000 to $100,000.

Transfer-on-death Deeds
The bill would amend law regarding the effect of a
transfer-on-death deed to real estate when a grantee
beneficiary dies prior to the death of the record owner.

Current law provides, in this situation, the transfer shall
lapse if an alternative grantee beneficiary has not been
designated on the deed. The bill would amend this provision
to apply it only when an alternative grantee beneficiary has
not been designated to succeed to the deceased grantee
beneficiary’s interest and to lapse the transfer only with
respect to any such deceased grantee’s beneficiary.
The bill also would add an exception to this provision
stating when the transfer-on-death deed was not made
contingent on the grantee beneficiary surviving the record
owner, and the deceased grantee beneficiary (beneficiary)
leaves at least one then-surviving issue upon the death of the
owner when such interest would otherwise have lapsed under
the above provision, the interest would not lapse and would
vest on the record owner’s death in the then-surviving issue
of the beneficiary on a per stirpes basis as successor grantee
or grantees. [Note: Per stirpes is a legal term meaning

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“proportionally divided between beneficiaries according to
their deceased ancestor’s share.”]
The bill would provide that any judicial proceeding
initiated by an interested party to determine the succession of
ownership of real estate of a deceased record owner
pursuant to the above provisions would be subject to the
Code to determine descent.
The bill would state its amendments would apply to
deeds filed of record on or after July 1, 2023.

Publication of Notice of Probate Hearings and Probate
Sales
Probate Hearings
The bill would amend the requirement that the first
publication of notice be made within 10 days after the court
order setting the time and place of the hearing to require such
first publication be made within 30 days after the hearing is
set. Continuing law requires such notice to be published once
weekly for three consecutive weeks.
The bill would also amend the time period requirements
for the hearing date to be no earlier than 10 days, and no
later than 30 days, after the date of the last publication of
notice. [Note: Current law requires a hearing to be set
between 7 and 14 days after the date of the last publication of
notice.]
Sale of Probate Real Estate
The bill would amend the time period requirements for
the sale date to be at least 10 days, and not later than 30
days, after the date of the last publication of notice of the
sale. [Note: Current law requires the sale to be set between 7
and 14 days after the last publication of notice.]

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Technical Amendments
The bill would make technical amendments to ensure
consistency in statutory phrasing.

Background
The bill as amended by the Senate Committee on
Judiciary adds provisions of HB 2016 and HB 2127.

HB 2130 – Dollar Amount Limits and Thresholds
The bill was introduced by the House Committee on
Judiciary at the request of a representative of the Kansas
Judicial Council. [Note: As introduced, the bill contained only
provisions concerning dollar amounts in the Code.]
House Committee on Judiciary
In the House Committee hearing on January 31, 2023, a
representative of the Kansas Judicial Council provided
proponent testimony, stating the new dollar amounts were
calculated by applying the consumer price index to the
statutory amounts based on the last time each amount was
changed in an effort to address inflation. He further stated
that the small estate amount would be higher than the
inflation amount in an effort to allow more people to avoid the
time and expenses of probate. No other testimony was
provided.
Senate Committee on Judiciary
In the Senate Committee hearing on March 13, 2023,
the same representative of the Kansas Judicial Council
testified as a proponent of the bill and gave substantially
similar testimony as in the House Committee hearing. No
other testimony was provided.

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 The Senate Committee adopted amendments to insert
the contents of HB 2016, concerning transfer-on-death
deeds, and the contents of HB 2127, concerning publication
of notice of probate hearings and sales of probate real estate.
Background information for HB 2016 and HB 2127 follows.

HB 2016 – Transfer on Death Deeds
The bill was introduced by the House Committee on
Judiciary at the request of the Kansas Bar Association (KBA).
[Note: The bill is identical (with the exception of dates of
applicability) to the provisions of 2021 HB 2152, as amended
by the House Committee on Judiciary, which was
recommended by the House Committee on Judiciary, but did
not pass the House.]
House Committee on Judiciary
In the House Committee hearing on January 17, 2023, a
representative of the KBA testified as a proponent of the bill,
stating the bill would clarify the operation of the statute when
there is more than one transfer-on-death beneficiary or a
deceased beneficiary has surviving issue. No other testimony
was provided.
Senate Committee on Judiciary
In the Senate Committee hearing on February 9, 2023,
the same representative of the KBA testified as a proponent
of the bill and gave substantially similar testimony as in the
House Committee hearing. No other testimony was provided.


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HB 2127 – Publication of Notice of Probate Hearings and
Probate Sales
The bill was introduced by the House Committee on
Judiciary at the request of a representative of the Kansas
Judicial Council.
House Committee on Judiciary
In the House Committee hearing on January 31, 2023, a
representative of the Kansas Judicial Council testified as a
proponent of the bill, stating the bill would balance providing
more flexibility in how notice is provided with allowing parties
plenty of notice before hearings and sales. No other
testimony was provided.
Senate Committee on Judiciary
In the Senate Committee hearing on March 13, 2023,
the same representative of the Kansas Judicial Council
testified as a proponent of the bill and gave substantially
similar testimony as in the House Committee hearing. No
other testimony was provided.
The Senate Committee adopted an amendment to
adjust the number of days required for publication of notice
under the bill.

Fiscal Information

HB 2130
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration (OJA) states enactment of HB 2130 could
have a fiscal effect on Judicial Branch operations because
the bill’s provisions would increase the threshold dollar

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amounts under the Code, which could increase the time
spent by judges and court employees processing and
researching these cases. However, the Office states a fiscal
effect cannot be estimated until the Judicial Branch has had
an opportunity to operate under the bill’s provisions. The
Office states enactment of the bill could result in the collection
of docket fees in those cases filed under the bill’s provisions,
which would be credited to the State General Fund. Any fiscal
effect associated with the bill is not reflected in The FY 2024
Governor’s Budget Report.

HB 2016
OJA indicates enactment of HB 2016 could have a fiscal
effect on the Judicial Branch because the bill would allow
property to be transferred without needing a court case
(unless someone contests ownership), which could result in a
decrease in the number of cases filed, and subsequently, a
decrease in docket fee revenue. However, a precise fiscal
effect cannot be determined because the number of fewer
cases cannot be estimated. Any fiscal effect associated with
enactment of HB 2016 is not reflected in The FY 2024
Governor’s Budget Report.

HB 2127
OJA states enactment of HB 2127 would have a
negligible fiscal effect on Judicial Branch operations.
Kansas Probate Code; two-year transfer; allowance to spouse and minor children;
small estate; refusal of letters of administration; Social Security; Veterans
Administration; amount in controversy; magistrate; transfer-on-death deed;
predeceased beneficiary; publication; mailing; hearing date; public auction; probate
hearing; notice; sale


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Statutes affected:
As introduced: 59-403, 59-6a202, 59-6a205, 59-6a215, 59-1507a, 59-1507b, 59-2215, 59-2237, 59-2287, 59-2401, 59-2402a
As Amended by Senate Committee: 59-403, 59-6a202, 59-6a205, 59-6a215, 59-1507a, 59-1507b, 59-2209, 59-2215, 59-2237, 59-2287, 59-2308, 59-2401, 59-2402a, 59-3504
Enrolled - Law effective July 1, 2023: 59-403, 59-618a, 59-6a202, 59-6a205, 59-6a215, 59-1507a, 59-1507b, 59-2209, 59-2215, 59-2237, 59-2287, 59-2308, 59-2401, 59-2402a, 59-3504
Enrolled: 59-403, 59-618a, 59-6a202, 59-6a205, 59-6a215, 59-1507a, 59-1507b, 59-2209, 59-2215, 59-2237, 59-2287, 59-2308, 59-2401, 59-2402a, 59-3504