Probate Code Update: Publication Requirements
Jason Reed | July 10, 2023
Dear Fellow Attorneys:
I hope this letter finds you in good health and high spirits. As many of you know, I recently transitioned from my private practice at Adams Jones Law Firm, P.A. to assume the role of General Counsel at McCurdy Real Estate & Auction, LLC. In my role as General Counsel, we perform a number of auctions as part of a probate proceeding, many of which require publication in the newspaper before the auction date.
This letter aims to bring your attention to the most recent changes to the Kansas Probate Code in relation to the publication requirements for such sales. These changes were implemented through House Bill (HB) 2130, which was signed by the Governor on April 24, 2023, and enrolled with an effective date of July 1, 2023.
Under the new provisions of HB 2130, the Kansas Probate Code now provides under the new K.S.A. 59-2308 as follows:
In all sales of at public auction the personal representative shall give notice containing a particular description of the real estate to be sold, and such notice shall state the time, terms and place of sale. The notice shall be given by publication once per week for three consecutive weeks in some newspaper, authorized to publish legal notices, of the county where the real estate is situated. The date set for the sale shall not be earlier than 10 days and not later than 30 days after the date of the last publication of the notice. If the tracts to be sold are contiguous and lie in more than one county, notice may be given and the sale made in either of such counties.
This change in the Kansas Probate Code should allow some needed flexibility in scheduling a time for an auction that is much greater than the previous time of more than seven (7) but less than fourteen (14) days. In addition to this change, there were some other changes regarding publication time frames; increases in maximums for small estates affidavits; using copies of a Last Will and Testament, etc. along with changes to the Transfer on Death Deed statutes. I would encourage each of you to review these changes.
In conclusion, I encourage each of you to thoroughly review HB 2130 and become well-versed in the recent changes to the publication requirements for the sale of real estate at public auction under the Kansas Probate Code. By doing so, we can continue to serve our clients with the utmost professionalism and navigate the evolving legal landscape with confidence.
Should you have any questions or require further information regarding these changes, please do not hesitate to reach out to me. I am always available to discuss and collaborate on matters of mutual interest.
Jason L. Reed