Disclaimer: This article provides general information under Kansas law and does not constitute legal advice.
Detailed Answer
In Kansas, you must file a petition for letters of administration when someone dies without a valid will or when the nominated executor cannot serve. You submit the petition to the District Court in the county where the decedent resided. Kansas statutes outline the required content and supporting documents.
Application Requirements
Under K.S.A. 59-2201, a petition for letters of administration must include:
- Decedent’s full legal name, date of birth, date of death and last residence
- Names and addresses of the surviving spouse and all heirs at law
- Description and estimated value of the decedent’s Kansas assets (if the total exceeds $20)
- Statement indicating whether you intend to qualify as a small estate administrator
Supporting Documents
- Certified Death Certificate: Obtain a certified copy from the vital records office.
- Affidavit of Heirs and Renunciations: All persons entitled to appointment must sign or formally renounce under K.S.A. 59-2203.
- Bond or Waiver of Bond: The court requires a personal representative bond unless all heirs waive the bond in writing (K.S.A. 59-2203(c)).
- Filing Fee: Pay the applicable fee when you submit the petition. Fees vary by county; check with the district court clerk.
After the court issues letters of administration, you must publish notice to creditors and file proof of publication under K.S.A. 59-2802.
Helpful Hints
- Collect full names, addresses and birthdates for all heirs before preparing the petition.
- Order multiple certified copies of the death certificate; institutions often require originals.
- Confirm bond requirements with the probate clerk. Waiving the bond can reduce costs.
- Use court-approved forms when available to avoid formatting delays.
- Review local court rules—some counties require cover sheets or additional affidavits.
- Plan for publication: newspapers may need several weeks to run creditor notices.
- Consider consulting an attorney if the estate includes real estate in multiple counties or potential family disputes.