Detailed Answer
Under Kansas law, you can obtain a court-ordered subpoena to gather estate records held by financial institutions, custodians, or third parties. In probate proceedings, the district court’s probate division issues subpoenas under the Kansas Probate Code. A subpoena duces tecum compels the production of documents or records in your possession or control.
Statutory Authority: Kansas Probate Code §59-223 (K.S.A. §59-223) and the Kansas Rules of Civil Procedure §60-245 (K.S.A. §60-245). These laws govern issuance, service, and enforcement of subpoenas.
Follow these steps to obtain and use a subpoena:
- Select the proper court. File in the district court’s probate division handling the estate administration.
- Draft a motion and proposed subpoena. Specify the estate case number, parties, the exact documents or records sought, and the custodian’s information.
- File the documents with the clerk. Submit your motion and the proposed subpoena form. Pay any required filing fee.
- Obtain the signed subpoena. After judicial approval, the court clerk signs and seals the subpoena, authorizing you to serve it.
- Serve the subpoena. Deliver the subpoena to the record holder at least 14 days before the return date or as ordered by the court, using a sheriff or professional process server as required by K.S.A. §59-223.
- File proof of service. Submit a certificate of service with the court before the return date.
- Review returned documents. Attend the return date. If the custodian withholds records, you may file a motion to compel under K.S.A. §60-243 (K.S.A. §60-243).
- Use documents in the estate case. Submit the obtained records as evidence in hearings or filings related to inventory, accounting, or will contests.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Kansas regarding your specific situation.
Helpful Hints
- Be specific: Clearly identify document types, date ranges, and account numbers.
- Check local rules: Some Kansas counties require specific forms or electronic filing.
- Monitor deadlines: Missing service or return dates can invalidate your subpoena.
- Plan for objections: Prepare a motion to compel if a custodian refuses to produce records.
- Keep meticulous records: File all proofs of service and court filings chronologically.