Disclaimer: This content is for informational purposes only and does not constitute legal advice.
Detailed Answer
When no probate case exists, you must initiate an estate proceeding in the Kansas District Court in the county where the decedent resided at death. Follow these steps:
- Determine Jurisdiction and Venue: File in the District Court of the county where the decedent lived. (See K.S.A. 59-1502.)
- Collect Required Documents: Obtain the original death certificate and any original will. Identify heirs or devisees.
- Choose the Proper Petition:
- If the decedent left a valid will, file a Petition for Probate of Will and Appointment of Personal Representative (K.S.A. 59-1502).
- If there is no will, file a Petition for Letters of Administration (K.S.A. 59-1503).
- For small estates under $40,000, consider a Small Estate Affidavit under K.S.A. 59-1811.
- Prepare and File the Petition: Complete court-approved forms, sign under oath, and file with the court clerk. Pay filing fees or request a waiver if eligible.
- Publish and Serve Notice:
- Publish a legal notice in a local newspaper once weekly for three successive weeks (K.S.A. 59-1516).
- Send notice to all heirs, devisees, and known creditors by certified mail within 60 days after appointment.
- Obtain Letters: After the court hearing, if no objections arise, the court issues Letters Testamentary or Letters of Administration, authorizing asset collection.
- Administer the Estate: Inventory assets and file within 90 days (K.S.A. 59-1604). Pay valid debts and taxes, then distribute the remaining assets to heirs or beneficiaries.
- Close the Estate: File a final accounting and petition for discharge when administration is complete. The court reviews and issues an order closing the estate.
Helpful Hints
- Verify statutory deadlines for filing and notices to avoid personal liability.
- Maintain detailed records of all estate transactions and communications.
- Use court-approved form packets available from the county district court clerk or online.
- Consult a Kansas attorney for complex estates or family disputes.
- Check the Kansas judicial council website for updated fee schedules and forms: Kansas Judicial Council.