Certificate of Trust — Kansas UTC Adopted
State-specific requirements for a Certificate 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: none on file
- Last verified: not on record
- Legal review: not performed
source, url, verified_as_of, or last_reviewed fields. Citation should be confirmed against the official state code before relying on it.Statutory Citation
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.
Certification Requirements
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 The certification must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect.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.
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.