Kansas Statutes Annotated
K.S.A. § 59-1711 (2026)
Removal and penalties
✓ current as of May 2026
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59-1711. Removal and penalties. Whenever a fiduciary is or becomes an incapacitated person or otherwise incapable of performing the duties of his or her trust, he or she may be removed. Whenever a fiduciary fails or refuses to perform any of the duties imposed upon him or her by law or by any lawful order of the court, he or she may be removed and his or her compensation may be reduced or forfeited, in the discretion of the court.
History: L. 1939, ch. 180, § 141; L. 1965, ch. 346, § 19; January 1, 1966.
Notes of Decisions
Cited in 13
cases, 1942–2006 · leading case: In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996).
In re the Guardianship & Conservatorship of Heck, 913 P.2d 213 (Kan. Ct. App. 1996). “Ralph requested that Archer s claims be denied or reduced by penalties for conversion provided for in K.S.A. 59-1711. A hearing was held on Archer’s petitions on June 22, 1994.”
Jennings v. Murdock, 553 P.2d 846 (Kan. 1976). “The trial court should not have interfered with that discretion without a showing of an abuse which would result in injury to one or more of the trusts. No such showing was made.”
Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006). “Moreover, K.S.A. 59-1711 provides additional authority for the court’s actions in removing Darryl as trustee aird executor upon finding he failed to perform the duties imposed upon him by law.”
Burch v. Dodge, 608 P.2d 1032 (Kan. Ct. App. 1980). “The amount of compensation due the trustee and whether or not his breach of trust should be cause to reduce or forfeit that compensation lies within the sound discretion of the trial court (K.”
In Re the Estates of Stoskopf, 954 P.2d 712 (Kan. Ct. App. 1998). “The only direction that the Kansas Legislature has given the courts to determine when and how an executor should be removed is set forth in K.S.A. 59-1711: “Whenever a fiduciary is or becomes an incapacitated person or otherwise incapable of performing the duties of his or her…”
Hessenflow v. Hessenflow, 909 P.2d 662 (Kan. Ct. App. 1995). “K.S.A. 59-1711 states that a fiduciary may be removed if he or she fails or refuses to perform any of the duties imposed upon him or her by law.”
Simpson v. State, Dep't of Soc. & Rehab. Servs., 906 P.2d 174 (Kan. Ct. App. 1995). “In Kansas, K.S.A. 59-1711 and K.S.A. 58-2411 authorize a court to remove a trastee who is not performing the duties required under the law or the tmst document.”
In Re the Conservatorship of McRoy, 861 P.2d 1378 (Kan. Ct. App. 1993). “K.S.A. 59-1711. This could certainly include failure to supply accountings and otherwise comply with the supervisory orders of the court.”
Harkrader v. Johnson, 187 P.2d 520 (Kan. 1947). “By section 59-1106 the probate court may require the fiduciary to file a new or additional bond, or may reduce it, and section 59-1107 provides for the removal of a fiduciary who fails or refuses to comply.”
In Re Lake, 644 P.2d 1368 (Kan. Ct. App. 1982). “Finally, the court expressed doubt that a change of guardians would ultimately satisfy Martha and held that it was not in her best interest to remove Eleanor in favor of another guardian and conservator. There is no specific statutory authority concerning the removal and…”
In Re the Conservatorship of L.M.S., 755 P.2d 22 (Kan. Ct. App. 1988). “800 (1982) (K.S.A. 59-1711 provides a procedure for removing guardians and conservators).”
In Re Est. of Brecklein, 637 P.2d 444 (Kan. Ct. App. 1981). “The law is clear, however, that a district court may refuse to appoint or may remove a trustee under exceptional circumstances.”
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