Kansas Statutes Annotated

K.S.A. § 59-1703 (2026)

Duties of fiduciary; certain transactions voidable; exceptions

✓ current as of May 2026

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59-1703. Duties of fiduciary; certain transactions voidable; exceptions. No fiduciary shall make a profit by the increase, nor suffer loss by the decrease or destruction without such fiduciary's fault, of any part of the estate, and such fiduciary shall account for the excess when he or she sells for more than the appraisement and shall not be responsible for the loss when he or she sells for less, if such sale appears to be beneficial to the estate.

A fiduciary shall not be responsible for any loss happening by the insolvency of any purchaser, or his or her sureties, for any sale duly made according to law, if such fiduciary proceeded with due caution in taking surety, and has used due diligence to collect thereon.

A fiduciary shall not be accountable for debts due the decedent or conservatee which remain uncollected without fault on such fiduciary's part, but where a fiduciary neglects or unreasonably delays to raise money by collecting debts or selling property, or neglects to pay over the money in his or her hands and by reason thereof the value of the estate is lessened, or unnecessary costs, interest, or penalties accrue, or the persons interested suffer loss, the same shall be deemed waste and the fiduciary shall be charged in his or her account with the damages sustained. A fiduciary shall not purchase any claim against the estate nor shall a fiduciary purchase directly or indirectly or be interested in the purchase of any property sold by such fiduciary, except as hereinafter provided.

Any sale, lease or mortgage to the personal representative, his or her spouse, child or grandchild, agent or attorney in fact, or to any corporation in which he or she has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable unless: (1) The will or a contract entered into by the decedent expressly authorized the transaction; or (2) the transaction is approved by the court after hearing upon notice to interested persons.

History: L. 1939, ch. 180, § 133; L. 1965, ch. 346, § 16; L. 1975, ch. 299, § 12; January 1, 1976.

Notes of Decisions

Cited in 10 cases, 1980–2003 · leading case: In Re Conservatorship of Marcotte, 756 P.2d 1091 (Kan. 1988).

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In Re Conservatorship of Marcotte, 756 P.2d 1091 (Kan. 1988). · cites it 3× “The special administrator argues that, under the waste provisions of K.S.A. 59-1703, the *196 conservators (or their bonding company) should be personally liable for the invalidated gifts and, second, that the Court of Appeals erred in failing to require the payment of statutory…”

Quinlan v. Leech, 623 P.2d 1365 (Kan. Ct. App. 1981). · cites it 2× “K.S.A. 59-1703." The pretrial questionnaire contains the theory of the plaintiff's claim.”

In Re the Est. of Engels, 692 P.2d 400 (Kan. Ct. App. 1984). “K.S.A. 59-1703. Implicit in this restrictive provision is the concept that a parent benefits when he provides housing for his offspring.”

In Re Trusteeship of McDonald, 822 P.2d 637 (Kan. Ct. App. 1991). · cites it 2× “We are not persuaded that the trial court abused its discretion in arriving at the amount of its award for attorney fees and expenses.”

In Re the Conservatorship of L.M.S., 755 P.2d 22 (Kan. Ct. App. 1988). · cites it 3× “Pfalzgrafs standing to ask the court to set aside its orders approving Scott’s claims is governed by K.S.A. 59-1703. Article 17 of chapter 59 of our statutes contains provisions applicable to all estates.”

Bolton v. Souter, 872 P.2d 758 (Kan. Ct. App. 1993). “59-1702; fiduciary duties are detailed in K.S.A. 59-1703; *390 and provisions governing nonresident fiduciaries are set forth in K.”

Chestnut v. Steward, 610 P.2d 1132 (Kan. Ct. App. 1980). · cites it 3× “The issues raised by appellants herein can be summarized as follows: (1) that the sale of the real property was made more than six months after an appraisement of the real property sold; (2) that the executors did not exercise diligence in obtaining the best price for the real…”

In Re the Estates of Stoskopf, 954 P.2d 712 (Kan. Ct. App. 1998). “K.S.A. 59-1703 specifies the duties of a fiduciary and states that a fiduciary should not profit from the estate.”

In Re the Conservatorship of Holman, 849 P.2d 140 (Kan. Ct. App. 1993). · cites it 2× “K.S.A. 59-1703 specifically provides: “[A]ny transaction which is affected by a substantial conflict of interest on the part of the personal representative .”

In re the Est. of Petesch, 62 P.3d 674 (Kan. Ct. App. 2003). · cites it 2× “2d 1365 (1981), and K.S.A. 59-1703. Thus, the district court, in allowing an executor s claimed compensation and expenses, must find that the provided services and incurred ex *245 penses were reasonably necessary for the proper administration of the decedent’s estate.”

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