Detailed Answer
Navigating probate in Kansas requires submitting the decedent’s original will or, if that’s unavailable, a filed copy. Follow these steps:
1. Locate the Original Will
- Check the decedent’s personal effects—safe deposit boxes, home filing cabinets or attorney’s files.
- Contact the attorney who drafted the will. Under K.S.A. 59-604, attorneys often hold voluntarily deposited wills. K.S.A. 59-604
2. File the Original Will with the Probate Court
- In the county where the decedent resided, open a probate case in District Court’s Probate Division.
- Submit the original document to the clerk. Kansas law mandates the original will’s submission for probate. See K.S.A. 59-602.
- Pay required filing fees (vary by county).
3. If the Original Will Is Lost or Destroyed
- File a “Petition for Probate of Lost or Destroyed Will.”
- Provide an affidavit detailing how the will was lost or destroyed and evidence of its terms.
- The court may allow probate on secondary evidence if it’s satisfied the will existed. See K.S.A. 59-605.
4. Obtaining a Filed Copy of the Will
- Visit or contact the probate clerk’s office where the will was filed.
- Submit a written request for a certified copy. Include the case number or decedent’s name and date of death.
- Pay any per-page or certification fees as required by court local rules.
Helpful Hints
- Begin the search for an original will immediately after death.
- Keep copies of all filings and receipts from the court.
- If you suspect the will was never filed, check the attorney’s office and Kansas Will Registry maintained by the Secretary of State.
- Act quickly—delays can complicate creditor claims and distribution timelines.
- Consult with a probate attorney if you encounter objections or missing documents.
Disclaimer: This article provides general information under Kansas law and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.