Declaration of Trust — Kansas UTC Adopted
State-specific requirements for creating a Declaration of Trust in Kansas.Create yours now →
Certificate of Trust · At a glance
Kansas · summary of the record on file
Kansas Statutes Annotated (K.S.A.) Chapter 58A (Kansas Uniform Trust Code), §§ 58a-101 et seq. (enacted L. 2002, ch. 133). Certification of trust: K.S.A. § 58a-1013. Rule against perpetuities: K.S.A. §§ 59-3401 et seq. (Uniform Statutory Rule Against Perpetuities, Article 34 of Chapter 59). Revocable trust contest: K.S.A. § 58a-604.Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: The statute refers to an 'acknowledged' certification of trust (§ 58a-1013(a)), implying notarized acknowledgment is required.
- Witnesses: No witnesses or recording are specifically required for the certification.
- Recording: No witnesses or recording are specifically required for the certification.
- Source URL: https://www.kslegislature.gov/b2025_26/laws/058a_000_0000_chapter/058a_010_0000_article/058a_010_0013_section/058a_010_0013_k/
- Last verified: 2026-09-17
- Legal review: Not performed
Governing Statute
Kansas Statutes Annotated (K.S.A.) Chapter 58A (Kansas Uniform Trust Code), §§ 58a-101 et seq. (enacted L. 2002, ch. 133). Certification of trust: K.S.A. § 58a-1013. Rule against perpetuities: K.S.A. §§ 59-3401 et seq. (Uniform Statutory Rule Against Perpetuities, Article 34 of Chapter 59). Revocable trust contest: K.S.A. § 58a-604.
Execution Requirements
A certification of trust may be signed or otherwise authenticated by any trustee (K.S.A. § 58a-1013(b)). The statute refers to an 'acknowledged' certification of trust (§ 58a-1013(a)), implying notarized acknowledgment is required. No witnesses or recording are specifically required for the certification. The Kansas Uniform Trust Code was enacted in 2002 (L. 2002, ch. 133) and amended in 2012 (L. 2012, ch. 110, § 2).
Business Trust Treatment
Kansas does not have a specific Massachusetts/business trust statute. Business trusts are treated under common law principles and general trust law under K.S.A. Chapter 58A. Kansas recognizes unincorporated business organizations under common law but does not provide a specific statutory framework for business trusts. Kansas's business entity statutes (K.S.A. Chapter 17) govern corporations, LLCs, and partnerships as the standard business vehicles.
Favorable Trust Laws
Kansas has adopted the Uniform Statutory Rule Against Perpetuities (K.S.A. §§ 59-3401 et seq.), under which a nonvested property interest is valid if it is certain to vest or terminate within 21 years after the death of an individual then alive, or if it vests or terminates within 90 years after its creation (standard USRAP). Kansas does NOT authorize self-settled domestic asset protection trusts (DAPTs). Kansas has no state estate or inheritance tax. The Kansas Uniform Trust Code provides standard UTC-based provisions for trust modification, decanting, and trustee powers. The 90-year wait-and-see period under USRAP provides some flexibility for long-term trusts but is shorter than states with extended or abolished perpetuities periods.
Unique Factors
Kansas adopted the UTC as the Kansas Uniform Trust Code (K.S.A. Chapter 58A) in 2002, using the UTC section numbers as part of the Kansas citation (e.g., UTC § 101 = K.S.A. 58a-101). Kansas uses the standard USRAP with a 90-year wait-and-see period, which is less favorable for dynasty trusts than states with extended periods. A notable feature is K.S.A. § 58a-604, which requires a contest of a revocable trust to be commenced within one year of the settlor's death or four months from the date of first publication of notice to creditors, whichever is earlier — a specific limitation period for trust contests. Kansas does not offer self-settled asset protection trusts, making it a traditional trust jurisdiction.
Certification of Trust in Kansas
Under K.S.A. § 58a-1013, instead of furnishing a copy of the trust instrument to a person other than a qualified beneficiary, the trustee may furnish an acknowledged certification of trust containing: (1) That the trust exists and the date the trust instrument was executed; (2) The identity of the settlor; (3) The identity and address of the currently acting trustee; (4) The powers of the trustee; (5) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (6) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; (7) The manner of taking title to trust property. The certification must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect. A certification need not contain the dispositive terms of a trust. A recipient may require the trustee to furnish copies of excerpts from the original trust instrument and amendments which designate the trustee and confer power to act in the pending transaction.
Already have a trust? You may also need a Certificate of Trust for Kansas to prove its existence to banks and institutions.
How a Declaration of Trust works in Kansas
A declaration of trust in Kansas is the written instrument that creates a trust by stating the settlor's intent to hold property for named beneficiaries and appointing a trustee to manage it. Kansas adopted the Uniform Trust Code as the Kansas Uniform Trust Code at K.S.A. Chapter 58A, enacted in 2002, using UTC section numbers in its citations, such as K.S.A. § 58a-1013 for the certification of trust. The trust becomes active when funded through retitling real property by deed or transferring financial accounts into the trust name. The certification must be acknowledged, and it allows trustees to confirm trust terms to third parties without disclosing dispositive terms. Kansas follows the Uniform Statutory Rule Against Perpetuities at K.S.A. §§ 59-3401 et seq., with a 90-year wait-and-see period for nonvested interests.
Frequently asked questions
Does a Kansas certification of trust need to be notarized?
The statute refers to an acknowledged certification of trust under K.S.A. § 58a-1013(a), which implies notarized acknowledgment, and the certification may be signed or otherwise authenticated by any trustee under § 58a-1013(b). No witnesses or recording are specifically required. This acknowledgment step is a Kansas feature worth confirming during preparation, since some UTC states do not include it in their certification provisions.
What goes in a certification of trust under K.S.A. § 58a-1013?
The certification contains: trust existence and execution date, settlor identity, trustee identity and address, trustee powers, revocability and who holds the power to revoke, co-trustee signing authority and whether all or fewer than all must act, and the manner of taking title. It must state the trust has not been revoked, modified, or amended in a way that would make the representations incorrect. It need not contain dispositive terms, and a recipient may require excerpts conferring transaction powers.
How long can a Kansas trust last?
Kansas follows the Uniform Statutory Rule Against Perpetuities at K.S.A. §§ 59-3401 et seq. A nonvested interest is valid if it is certain to vest or terminate within 21 years after the death of an individual then alive, or within 90 years after creation. This 90-year period supports long-term trusts but is shorter than states that have extended or abolished the perpetuities period, making Kansas a traditional rather than dynasty-focused jurisdiction.
Is there a deadline to contest a Kansas revocable trust?
Yes. K.S.A. § 58a-604 requires a contest of a revocable trust to be commenced within one year of the settlor's death or four months from the date of first publication of notice to creditors, whichever is earlier. This specific limitation period gives Kansas revocable trusts a defined window of stability after the settlor's death, distinct from general probate litigation timelines, and is a notable feature of the Kansas Uniform Trust Code.
Common mistakes
A common mistake is skipping the acknowledgment on a Kansas certification of trust, since K.S.A. § 58a-1013(a) refers to an acknowledged certification even though § 58a-1013(b) permits any trustee to sign. Another frequent error is assuming extended dynasty periods apply, when Kansas uses the standard USRAP 90-year window at K.S.A. §§ 59-3401 et seq. and does not authorize self-settled domestic asset protection trusts. People also miss the contest deadline under § 58a-604, which can be as short as four months from first publication of notice to creditors. Failing to fund the trust through retitled property remains a recurring problem, and treating business trusts as registered entities misreads Kansas, which handles them under common law with no separate statute.
Kansas notes
Kansas operates under the Kansas Uniform Trust Code at K.S.A. Chapter 58A, enacted in 2002 and amended in 2012, using UTC section numbers within its own citation scheme. The certification of trust is governed by K.S.A. § 58a-1013, which refers to an acknowledged certification, allows any trustee to authenticate it, and permits a recipient to require excerpts designating the trustee and conferring transaction powers. Kansas follows the Uniform Statutory Rule Against Perpetuities at K.S.A. §§ 59-3401 et seq., with the standard 90-year wait-and-see period. K.S.A. § 58a-604 sets a one-year limit from the settlor's death, or four months from first publication of notice to creditors, whichever is earlier, for contesting a revocable trust. Kansas does not authorize self-settled domestic asset protection trusts and has no state estate or inheritance tax.