Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Discovering an old will decades after execution triggers specific steps under Kansas law. The Kansas Probate Code (Chapter 59) governs verification and probate of both existing and lost wills.
1. Confirm the Will’s Authenticity
- Review any attestation clause or self-proving affidavit. A properly executed self-proving affidavit expedites probate. See K.S.A. 59-606 and 59-607 (Ch. 59, Art. 6).
- Examine the signature, date, and witness signatures. Compare them against known documents to spot discrepancies.
- Check for amendments or codicils. A later codicil may revoke or alter portions of the original will.
2. Prove a Lost Original (If Missing)
If the original will is missing, Kansas law allows probate of a copy when you present the best evidence available. Under K.S.A. 59-625 (Ch. 59, Art. 6), you must:
- Submit a complete and accurate copy of the will.
- Secure sworn testimony from at least one subscribing witness or another credible person who viewed the original and can confirm it was duly executed and not revoked.
3. File a Petition for Probate
File your petition in the district court of the county where the decedent last resided. Include:
- The original will or certified copy (if the original is missing).
- A list of heirs, devisees, and interested parties.
- An application for appointment of a personal representative or executor.
Refer to K.S.A. 59-603 (Ch. 59, Art. 6).
4. Serve Notice and Attend Hearing
The court sets a hearing date once your petition is filed. You must serve written notice to all heirs and devisees at least 10 days before the hearing, per K.S.A. 59-605 (Ch. 59, Art. 6).
5. Reopen a Closed Estate (If Previously Distributed Intestate)
If the estate closed without probate, you may petition to reopen it solely to admit the will nunc pro tunc. Demonstrate excusable neglect or new evidence to justify the reopening.
6. Obtain Court Order Admitting the Will
After the hearing and satisfactory proof, the court issues an order admitting the will to probate. The court then appoints the personal representative to administer the estate according to the will’s terms.
Helpful Hints
- Locate potential witnesses early to preserve clear testimony.
- Search safes, safety deposit boxes, attorneys’ files and family archives for the original document.
- Collect contemporaneous correspondence or notes that reference the will.
- Confirm no subsequent will exists that might revoke or supersede the discovered document.
- Consider consulting a probate attorney for complex estates or contested matters.