Detailed Answer
When a person dies intestate (without a valid will) in Kansas, the probate court appoints an administrator to manage the estate. A potential heir can petition to be appointed as administrator by following these steps:
- Determine Intestate Status: Confirm that no valid will exists. File a petition for administration in the district court of the county where the decedent resided.
- Identify Eligible Heirs: Under Kansas law, certain individuals have priority to serve. K.S.A. 59-307 lists this order as:
- Spouse
- Children
- Parents
- Siblings
- Other next of kin
- File a Petition: Prepare and file a verified petition requesting appointment as administrator. Include the decedent’s name, date of death, list of heirs, and your relationship to the decedent.
- Provide Notice: Serve notice on all entitled heirs and publish notice in a local newspaper as required by K.S.A. 59-303. See K.S.A. 59-303.
- Obtain Bond: The court may require a personal or surety bond to protect estate assets. The bond amount depends on estate size.
- Court Hearing and Appointment: Attend the hearing. If the court finds you are qualified, it will issue letters of administration, granting you authority to gather assets, pay debts, and distribute property under Kansas’s intestate succession rules (K.S.A. 59-307).
Once appointed, the administrator must inventory assets, file tax returns, settle valid claims, and distribute remaining assets to heirs according to the degree of kinship set out in K.S.A. 59-307.
Helpful Hints
- Gather a complete family tree to identify all potential heirs.
- Contact your local probate court clerk for specific filing forms and fee schedules.
- Serve timely notice to avoid delays or challenges to your appointment.
- Maintain accurate records of receipts, disbursements, and correspondence.
- Review Kansas’s probate deadlines to avoid estate administration complications.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation.