Kansas Statutes Annotated
K.S.A. § 58a-801 (2026)
Duty to administer trust
✓ current as of May 2026
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58a-801. Duty to administer trust. Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this code.
History: L. 2002, ch. 133, § 58; January 1, 2003.
Notes of Decisions
Cited in 8
cases (5 in the last 5 years), 2006–2026 · leading case: Roenne v. Miller, 475 P.3d 708 (Kan. Ct. App. 2020).
Roenne v. Miller, 475 P.3d 708 (Kan. Ct. App. 2020). “(2) the duty of a trustee to act in good faith and administer the trust in accord with K.S.A. 58a-801, and amendments thereto; 14 (3) the requirement that a trust and its terms be for the benefit of its beneficiaries.”
Case v. Hilgers Ex Rel. Blanche A. Hilgers Trust (In Re Hilgers), 352 B.R. 298 (Bankr. D. Kan. 2006). “Section 58a-801 requires the trustee “to administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this code.”
Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006). “For example, the court found Darryl failed to administer the trust in an impartial manner as required by K.S.A. 2004 Supp. 58a-803. In the court’s view, Darryl’s numerous roles, including trustee, executor, tax preparer, expert witness, beneficiary, and family member to other…”
Schaake v. City of Lawrence, 491 P.3d 1265 (Kan. Ct. App. 2021). “" K.S.A. 58a-801. In fact, the trustee shall administer the trust "solely in the interests of the beneficiaries.”
Culliss v. Culliss, 514 P.3d 376 (Kan. Ct. App. 2022). “In later briefs, Gary specified that Brian's proposal violated his duties as trustee under K.S.A. 58a-801 (the duty to 3 administer the trust in good faith and in accordance with the Kansas Uniform Trust Code); K.”
Mead v. Small (Kan. Ct. App. 2021). “He asserted that the purported conveyance "deprived the [Trust] of a principal asset that was to be held, managed, and used exclusively for the benefit of Herlinda Small," in violation of K.S.A. 58a-801. He also asserted that William placed her own interests above that of the…”
Macomber v. State (Kan. Ct. App. 2023). “" Additionally, the district court held that Macomber had not lost the $320 because it would be returned to him under K.S.A. 58a-801 and K.S.A. 2022 Supp. 58a-802 upon his release from incarceration.”
In re Eugene Parks Wise Trust (Kan. Ct. App. 2026). “See K.S.A. 58a-801 (defining duties and powers of the trustee).”
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