How to Locate and Verify Original Wills and Codicils Before Opening Probate in Kansas

Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

When someone dies in Kansas, you must locate and verify the decedent’s original will and any codicils before you can open probate. Kansas law requires the original document to prove the testator’s intent and the will’s authenticity. See K.S.A. 59-605 and K.S.A. 59-611.

1. Search Known Locations

Begin by checking the decedent’s personal files, home safe, and desk drawers. People often store wills in places they deem secure, such as office files, bookshelves, or lockboxes.

2. Check Safe Deposit Boxes

Safe deposit boxes frequently contain estate planning documents. You may access the decedent’s box by presenting a certified death certificate and a court order. Under Kansas law, you can file a petition for limited access with the district court handling the estate.

3. Consult the Decedent’s Attorney or Accountant

Many individuals give their attorney or accountant the original will or a copy. Contact any professional who helped with the estate plan. They may hold the original will or have information about its location.

4. Review Court Records and Registries

Kansas allows voluntary filing of wills with the district court for safekeeping. Check with the clerk of the district court in the county where the decedent lived. See K.S.A. 59-605 for depositing wills. Even if the decedent didn’t deposit the will, some practitioners file a copy for reference.

5. Verify the Will’s Authenticity

Once you find an original will, examine formalities: the testator’s signature, witness signatures, and date. Kansas law requires at least two willing witnesses and compliance with K.S.A. 59-602. If you doubt the will’s validity, you may present evidence such as witness affidavits or other documents to support authenticity.

6. Next Steps Before Opening Probate

File the original will and codicils with the probate division of the district court.
Provide notice to heirs and beneficiaries as required by K.S.A. 59-2360.
Submit a petition to open probate and nominate a personal representative.

Helpful Hints

Make a list of all professionals who assisted with the decedent’s estate plan.
Search digital files and cloud storage for scanned copies or drafts.
Ask close family members if they know of any alternate storage locations.
Keep detailed records of documents you find, including photos of signatures.
Consider hiring a probate attorney to navigate the court process efficiently.