Kansas Laws Affecting Conserved Funds

See Kan. Stat. Ann. § 59-2203. (West, Westlaw through 2005 Reg. Sess.).

As a representative payee, you should be sending the conserved funds of a deceased beneficiary to the probate division of the district court of which the deceased individual was a resident.

If the deceased individual was not a resident of any county in Kansas, then the conserved funds should be sent to the district court in which the deceased left property subject to administration. The Kansas State Court system has a website which lists the district courts and the counties which they serve.

The Web site can be found at: www.kscourts.org/districts/.

State Laws

The appropriate place to send conserved funds in Kansas is to the probate division of the district court in which the estate is being probated.

§ 59-2204. Commencement of proceeding.

A probate proceeding may be commenced in the district court by filing a petition and causing it to be set for hearing. When a petition is filed, the court shall fix the time and place for the hearing on it. When a petition is filed for the appointment of a personal representative, the court may appoint the proposed personal representative or some other suitable person, with or without bond, to conserve the estate until a hearing is had and a personal representative is appointed.

See Kan. Stat. Ann. § 59-2204. (West, Westlaw through 2005 Reg. Sess.).

To determine which district court is probating the estate, the Kansas Statutes provide:

§ 59-2203. Venue.

Proceedings for the probate of a will or for administration shall be had in the county of the residence of the decedent at the time of such decedent’s death if the decedent owned an interest in real property in such county, or, if the decedent did not own an interest in real property in the decedent’s county of residence at the time of such decedent’s death, in such county of the residence of the decedent at the time of such decedent’s death or in any county where the decedent owned an interest in real property; if the decedent was not a resident of this state, proceedings may be had in any county where such a decedent left any estate to be administered as provided in K.S.A. 59-805 and amendments thereto.