Kansas Statutes Annotated

K.S.A. § 58a-604 (2026)

Limitation on action contesting validity of revocable trust; distribution of trust property

✓ current as of May 2026

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58a-604. Limitation on action contesting validity of revocable trust; distribution of trust property. (a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:

(1) One year after the settlor's death; or

(2) four months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.

(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:

(1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or

(2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.

History: L. 2002, ch. 133, § 48; January 1, 2003.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2020–2025 · leading case: Ast v. Mesker, 480 P.3d 795 (Kan. Ct. App. 2020).

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Ast v. Mesker, 480 P.3d 795 (Kan. Ct. App. 2020). · cites it 15× “We also note that this interpretation is consistent with the official comment to the UTC found in the Editors' Note to K.S.A. 58a-604. As the comment explains, "[a] trust can be contested on a variety of grounds" including—but not limited to—"lack of capacity" or "undue…”

Sutherland v. Sutherland Trust, 567 P.3d 873 (Kan. Ct. App. 2025). · cites it 2× “In Count I, Peter requested the district court to order (1) "that [he] and the other qualified beneficiaries of the GST Trust are entitled to receive a copy of the [RT]"; (2) "for the trustee of the GST Trust to provide its name, address, and telephone number"; and (3) that he…”

— K.S.A. § 58a-604(a) — 1 case

Ast v. Mesker, 480 P.3d 795 (Kan. Ct. App. 2020). “We also note that this interpretation is consistent with the official comment to the UTC found in the Editors' Note to K.S.A. 58a-604. As the comment explains, "[a] trust can be contested on a variety of grounds" including—but not limited to—"lack of capacity" or "undue…”

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