Kansas Statutes Annotated

K.S.A. § 59-1701 (2026)

Corporate fiduciaries

✓ current as of May 2026

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59-1701. Corporate fiduciaries. (a) No bank, savings and loan association or other corporation shall be appointed or authorized directly or indirectly to act as a fiduciary in this state except:

(1) A bank, savings and loan association or other corporation organized under the laws of, and having its principal place of business in, this state;

(2) a national bank, federal savings bank or federal savings and loan association located in this state;

(3) a bank, savings and loan association or other corporation organized under the laws of, and having its principal place of business in, another state which permits a bank, savings and loan association or other corporation which is similarly organized in this state to act in a like fiduciary capacity in the other state under similar conditions;

(4) a national bank, federal savings bank or federal savings and loan association located in another state which permits a national bank, federal savings bank or federal savings and loan association located in this state to act in a like fiduciary capacity in the other state under similar conditions;

(5) a nonprofit corporation certified in accordance with K.S.A. 59-30,112, and amendments thereto, to the extent provided by that statute; or

(6) as provided in K.S.A. 59-1707 and 59-1708, and amendments thereto.

(b) No officer, employee or agent of a bank, savings and loan association or corporation which is not authorized to act as a fiduciary in this state shall be permitted to act as a fiduciary, whether such officer, employee or agent is a resident or a nonresident of this state, when in fact such officer, employee or agent is acting as a fiduciary on behalf of such bank, savings and loan association or corporation.

(c) No bank, savings and loan association or other corporation, other than a nonprofit corporation certified in accordance with K.S.A. 59-30,112, and amendments thereto, shall be appointed guardian of the person of a ward.

History: L. 1939, ch. 180, § 131; L. 1967, ch. 314, § 11; L. 1981, ch. 226, § 1; L. 1985, ch. 193, § 1; L. 2002, ch. 114, § 59; L. 2025, ch. 40, § 149; January 1, 2026.

Notes of Decisions

Cited in 4 cases, 1942–2007 · leading case: Vorhees v. Baltazar, 153 P.3d 1227 (Kan. 2007).

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Vorhees v. Baltazar, 153 P.3d 1227 (Kan. 2007). · cites it 2× “59-705 (listing persons to whom administration may be granted). Moreover, a petition must identify the parties by name.”

Bolton v. Souter, 872 P.2d 758 (Kan. Ct. App. 1993). “For example, rules relating to corporate fiduciaries are found in K.S.A. 1992 Supp. 59-1701; the fiduciary oath is set forth in K.”

In Re the Conservatorship of L.M.S., 755 P.2d 22 (Kan. Ct. App. 1988). “K.S.A. 59-1701 et seq.; see In re Lake, 7 Kan.”

Johnson Cnty. Nat'l Bank & Trust Co. v. Lowe, 127 P.2d 512 (Kan. 1942). · cites it 2× “This order of the probate court was promptly appealed to the district court and the matter was promptly heard and decided in that court, which held— “That the deceased intended to create and did create a trust estate of said residuary assets having its situs and to be…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.