Detailed Answer
Under Kansas law, a valid will must meet the formal requirements set by statute. To verify if a decedent left a valid will or other estate planning documents, follow these steps:
Step 1: Review Personal and Digital Records
Begin with the decedent’s home office and study. Look for original documents labeled “Will,” “Trust,” or “Power of Attorney.” Check filing cabinets, safes, and personal computers. Search digital folders for keywords like “estate,” “will,” and “trust.”
Step 2: Contact the Decedent’s Attorney or Fiduciaries
If the decedent worked with an attorney, accountant, or financial advisor, reach out to their offices. Professionals often retain copies of wills and trusts or know where originals are stored. Ask if they hold the original or have forwarded it to the probate court.
Step 3: Search Probate Court Records
Kansas does not maintain a centralized will registry. Instead, original wills are filed with the district court in the county where the decedent lived. Visit or contact the district court clerk’s office to request a probate docket search. Under K.S.A. 59-602, most wills offered for probate appear on the court’s records.
Step 4: Check Safe-Deposit Boxes and Secure Storage
Many people store wills in bank safe-deposit boxes. If you gain access, search for estate planning documents. Keep in mind that banks often require a court order or a court-appointed personal representative to open a box after death.
Step 5: Understand Valid Will Requirements
In Kansas, a valid will must be in writing, signed by the testator (the person making the will) and witnessed by at least two credible witnesses present at the same time. See K.S.A. 59-601. If the original will is lost or destroyed, you may still probate a copy by proving its contents and due execution under K.S.A. 59-606.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Kansas attorney to address your specific situation.
Helpful Hints
- Ask close family members or personal representatives for known storage locations.
- Use email or cloud search tools to locate digital copies of estate documents.
- Contact the bank to inquire about safe-deposit boxes and required court orders.
- Request a probate docket search in the county where the decedent lived.
- Document all communications and preserve copies of any found documents.