Quick disclaimer

This is general information, not legal advice. I am not a lawyer. For guidance specific to your situation, consult a licensed Kansas probate attorney or the Kansas court in the county where the decedent lived.

Detailed answer — how the process works in Kansas

If a sibling who owned property or assets in Kansas dies, the probate process normally starts in the Kansas district court of the county where the decedent was domiciled at death. If the decedent was not domiciled in Kansas but owned real property here or certain Kansas assets, you may need an ancillary probate in Kansas.

As an out-of-state relative you can still open (petition for) probate in Kansas. The court will review the petition, the will (if there is one), and other required documents; appoint a personal representative (also called an executor or administrator); and issue letters testamentary or letters of administration that authorize the representative to manage and distribute the estate.

Where to file

• If the decedent lived in Kansas at death: file in the district court of the county of the decedent’s residence.
• If the decedent lived outside Kansas but owned real property in Kansas: file an ancillary probate in the county where the Kansas property lies.

Who can file

You (an out-of-state sibling) may file a petition to be appointed personal representative if you are named in the will or otherwise entitled under Kansas law. If you are not in state, you can still be appointed. The court may require a bond unless the will waives bonding or heirs agree to waive it.

Typical documents you will need

• Certified copy of the decedent’s death certificate.
• The original will (if there is one). Kansas courts usually want the original will filed for probate.
• A Petition for Probate (often titled Petition for Probate of Will and for Issuance of Letters), or Petition for Administration if no will.
• A proposed inventory or statement of known assets and their estimated values.
• Names and addresses of heirs, beneficiaries, and known creditors.
• Identification and contact information for the person requesting appointment.

Court appearance and representation

Many Kansas courts allow an out-of-state petitioner to appear by Kansas-licensed attorney. Some courts permit remote appearances or will set a short hearing. If you cannot attend in person, hiring a local probate attorney to file the petition and appear on your behalf is common and often simplifies the process.

Bond, waivers, and letters

The court may require a bond to secure faithful performance by the personal representative. A will can waive bond, or heirs can agree to waive bond in writing. After appointment, the court issues letters testamentary or letters of administration, which prove the representative’s authority to handle estate matters (bank accounts, real estate, closing accounts, paying creditors, and distributing assets).

Notices and creditor claims

Kansas law requires notice to heirs and often publication of a notice to creditors so unpaid creditors have the opportunity to present claims. The probate process includes filing an inventory and resolving valid creditor claims before distributions.

When you might need ancillary probate

If the decedent lived outside Kansas but owned Kansas real estate, you typically must open ancillary probate in the Kansas county where the land is located to transfer title. For out-of-state personal property (bank accounts) titled solely in the decedent’s name, banks may accept certified letters from the decedent’s home-state probate; sometimes a Kansas ancillary proceeding is still needed depending on the institution.

Timing and costs

Simple probates may conclude in a few months; more complex estates take longer. Costs include court filing fees, possible bond premiums, attorney fees, publication costs, and administrative expenses. If the estate is very small, simplified or small-estate procedures may apply — check local rules or ask a Kansas probate attorney.

Statutes and court resources

Key statutory guidance is in the Kansas Decedents’ Estates statutes (Chapter 59). For the statutory text and forms, see the Kansas Revisor of Statutes and the Kansas Judicial Branch resources:

• Kansas decedents’ estates statutes (Chapter 59): https://www.ksrevisor.org/statutes/chapters/ch59/
• Kansas Courts (general probate & forms information): https://www.kscourts.org

Practical hypothetical example

Suppose your sibling lived in Sedgwick County, Kansas, and you live in another state. You find the original will among their papers and obtain a certified death certificate. You (or a Kansas attorney you hire) would file a Petition for Probate in Sedgwick County District Court, submit the original will, list the heirs, and ask to be appointed personal representative. The court schedules a short hearing; if appointed and a bond is not required or is waived, the court issues letters, and you can begin handling estate tasks — inventorying assets, paying valid debts, and distributing property according to the will or Kansas intestacy rules if no will exists.

Helpful hints

• Start by locating the original will and a certified death certificate — many probate filings cannot proceed without them.
• Call the clerk of the district court in the county where the decedent lived (or where Kansas property is located) to ask about local filing requirements and fees.
• If you live out of state, strongly consider hiring a Kansas probate attorney to file paperwork and appear for hearings. An attorney can usually handle most tasks remotely.
• Ask whether the will waives bond. If not, get quotes for bond premiums so you know the financial exposure.
• Prepare a list of all known assets (bank accounts, real estate, retirement accounts, life insurance) and their locations — this speeds up probate administration.
• Communicate early with heirs and beneficiaries to reduce disputes and to gather any required waivers or consents.
• If the estate is small, ask the court clerk whether small-estate procedures or an affidavit method applies — those can avoid formal probate in some cases.
• Keep good records of every step, every expense, and all distributions — the court and heirs will expect an accounting.
• When real property is involved, check the county register of deeds for current ownership and mortgages; conveyances after probate typically require certified copies of letters and a probate order.