FastCounsel

Please note: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

In Kansas, probate courts appoint an administrator based on the statutory priority list in K.S.A. 59-304. The priority generally follows:

• Surviving spouse;
• Children;
• Parents;
• Siblings;
• Other next of kin;
• Creditor or any other person.

A person with a lower priority—such as a sibling or creditor—can obtain appointment if a higher-priority heir:

• Renounces the appointment under K.S.A. 59-308;
• Fails to apply or qualify within 30 days after probate notice (K.S.A. 59-304);
• Is disqualified (e.g., convicted felon, minor or incompetent) under K.S.A. 59-309;
• Is found unfit to serve under K.S.A. 59-307 (e.g., conflict of interest).

Step-by-step process:

1. File a Petition for Appointment of Administrator in the probate court of the decedent’s county. Include the decedent’s death certificate and the proposed administrator’s contact information.
2. Attach proof of higher-priority heir’s renunciation or affidavit of non‐objection. If the heir failed to apply, submit proof of mailed notice and the 30-day lapse.
3. Provide information on the proposed administrator’s qualifications and fitness under K.S.A. 59-307. Disclose any potential conflicts.
4. Obtain court‐ordered bond or file a waiver if permitted (see K.S.A. 59-313).
5. Attend the appointment hearing. Present affidavits or waivers to demonstrate the higher-priority heir cannot or will not serve.
6. If the court is satisfied, it will issue Letters of Administration granting authority to the new administrator.

Illustrative Example: John Doe, the decedent’s sibling, sought appointment after the surviving spouse renounced under K.S.A. 59-308. John filed the petition, attached the renunciation affidavit, posted the bond required by K.S.A. 59-313, and presented these at the hearing. The court granted him Letters of Administration.

Helpful Hints

• Confirm the identity and contact details of higher-priority heirs early.
• Serve and file notices promptly to trigger the 30-day application window.
• Secure renunciation affidavits from heirs who decline appointment.
• Gather evidence of disqualification (criminal records, medical reports) when applicable.
• Prepare a proposed bond amount based on estate size and potential creditor claims.
• Attend a probate clerk’s office orientation for local filing procedures and fees.

Again, this article is for informational purposes only and does not constitute legal advice.