Updated September 7, 2026. Quick answer: In Kansas, kansas requires ‘every fiduciary’ to post bond by default (K.S.A. §59-1101), in an amount not less than 125% of the value of the personal property plus probable annual real-estate income coming into the fiduciary’s possession; Kansas’s probate code has no UPC-style informal/formal distinction.
Does Kansas require an executor to post a bond?
Kansas requires ‘every fiduciary’ to post bond by default (K.S.A. §59-1101), in an amount not less than 125% of the value of the personal property plus probable annual real-estate income coming into the fiduciary’s possession; Kansas’s probate code has no UPC-style informal/formal distinction.
“Every fiduciary, except as otherwise provided in this act, before entering upon the duties of his or her trust shall execute and file a bond, with sufficient sureties, in such amount as the court directs, which amount shall not be less than 125 percent of the value of the personal property”
Source: K.S.A. §§ 59-1101, 59-1104
Can the will waive it in Kansas?
Yes. K.S.A. §59-1104 allows the bond to be excused ‘when the will or trust agreement expressly waives a bond of an executor, conservator or trustee.’
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Can the heirs or beneficiaries waive it in Kansas?
Yes. §59-1104 also excuses bond when all known heirs (if intestate) or all devisees/legatees under a non-waiving will file a written waiver with the court; the court retains authority to require bond at any time regardless of any waiver.
If a bond is required, how much?
When a bond is required, Kansas sizes it at 125% of the estimated value of the personal estate, per its own bond-amount statute.
“shall not be less than 125 percent of the value of the personal property and the probable annual income from real estate which shall come into his or her possession”
Source: K.S.A. § 59-1101
What makes Kansas different
Kansas ties its default bond amount to a fixed, formulaic 125%-of-personalty-plus-income standard rather than the discretionary ‘value of the estate’ language common elsewhere, and offers two independent waiver paths (express will/trust waiver, or unanimous written waiver by heirs/beneficiaries) while preserving unlimited judicial override at any time.
| Bond-requirement source | K.S.A. §§ 59-1101, 59-1104 |
| Kansas courts (general reference) | Kansas judicial branch |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Kansas.