Detailed Answer

Short overview: Under Kansas law, if you believe your sibling should not be appointed as administrator (letters of administration) for a deceased person’s estate, you must act in the probate case where the application was filed. That normally means filing a written objection or contest with the probate court, asking the court to deny or delay issuance of letters and to hold a hearing where you can present evidence about priority, qualifications, or other disqualifying facts. This page explains the common grounds, the steps to follow, what evidence you’ll need, and where to find Kansas probate law and forms.

Why you can challenge an application

Kansas probate law (Chapter 59, Kansas Statutes Annotated) governs who may be appointed administrator and how appointments are made. Common, legally recognized reasons to challenge an administrator application include:

The applicant lacks priority under Kansas law (someone else—surviving spouse or a closer heir—has superior right to appointment).
The applicant is legally disqualified (for example, convicted of a crime involving dishonesty, mentally incapacitated, or otherwise incompetent).
The applicant committed fraud, willful misconduct, or engaged in misconduct that would endanger estate assets.
There is evidence of undue influence or that the applicant is not acting in the estate’s best interests.
The applicant failed to provide required notices or follow mandatory procedures.

Step-by-step: How to formally challenge (contest) the application

Confirm venue and case number. Find out which county probate court received the application and the probate case number. You will need that on all filings.
Review the application and notice documents. Request copies of the administrator’s application, any supporting affidavits, the decedent’s file (including any will or inventory if already filed), and the court’s notice to heirs. Confirm whether the court has already issued temporary or permanent letters.
Check standing and deadlines. In Kansas, heirs and interested parties (creditors, potential beneficiaries) generally have standing to object to appointment. Time limits vary by situation. If letters have not yet been issued, file promptly—the court may appoint an administrator without delay. If letters have already issued, you may need to file a petition to revoke or suspend letters or otherwise ask the court to remove or replace the administrator. Act immediately to preserve your rights.
Prepare a written objection or petition to contest appointment. Typical contents:
- Caption with court name, county, case number, and case title.
- Identification of the filer and your relationship to the decedent (heir, interested party).
- Clear statement that you object to the application for letters of administration (or request revocation of issued letters).
- Specific legal and factual grounds for the objection (e.g., lack of priority, disqualification, fraud) with dates and facts supporting each claim.
- List of evidence and witnesses you will present.
- Requested relief (deny issuance, set a hearing, revoke letters, appoint another person, require bond, etc.).
Attach supporting evidence. Attach any documents (birth or marriage certificates showing priority, criminal records, medical records showing incapacity, bank statements showing misconduct, affidavits from witnesses) as exhibits. Include sworn affidavits where appropriate.
File and serve the objection. File your objection or petition with the probate court clerk and pay any filing fee. Serve a copy on the applicant, other heirs, the court-appointed administrator (if letters issued), and any attorneys of record. Follow the Kansas rules for service and certified mail or personal service if required.
Request a hearing. Ask the court to schedule a hearing on your objection. In emergencies (risk of asset loss), ask for expedited relief or a temporary restraining order to freeze estate activity until the court resolves the dispute.
Prepare for the hearing. Organize testimony, witness statements, documentary evidence, and legal citations. Consider subpoenas for witnesses or records. Be ready to explain why you have priority or why the applicant is disqualified.
Consider settlement or mediation. Many probate disputes resolve by agreement. You can propose alternatives such as a different administrator, co-administration, or bond conditions to protect assets.
If the court denies relief, evaluate appeal rights. A probate appointment decision may be appealable. Note statutory timelines for appeals and consult an attorney quickly if you intend to challenge the court’s ruling.

Practical evidence and proof

Probate judges decide based on priority rules, statutory qualifications, and evidence. Useful items include:

Official birth, marriage, and death certificates to establish relationships and heirs.
Criminal records, public records, or adjudications showing disqualification.
Medical or capacity assessments if the applicant lacks mental capacity.
Bank and transaction records to show misappropriation or risk to estate assets.
Affidavits from family members or third parties supporting claims of undue influence or misconduct.

Where to find the Kansas statutes and local rules

The Kansas probate code is in Chapter 59 of the Kansas Statutes Annotated (K.S.A. Chapter 59). You can start with the chapter overview and then look for specific sections about administrators, letters, priority, and removal of fiduciaries:

When to consult an attorney

Contesting an administrator’s appointment involves strict procedures, deadlines, and rules of evidence. Consult a Kansas probate attorney if you:

Need help drafting a legally sufficient objection or petition.
Face an imminent risk that estate assets will be dissipated.
Need to subpoena records or witnesses.
Are unsure about statutory priorities or standing.

Helpful Hints

Act quickly: probate courts move fast; waiting can waive your ability to obtain relief.
File everything in writing and keep proof of service to all parties.
Focus your objection on concrete facts (dates, documents, records), not emotions or family disputes alone.
If letters are already issued, ask the court to require a bond, accounting, or supervision as immediate protective measures.
Use sworn affidavits from neutral third parties where possible—courts give more weight to objective evidence.
Keep costs in mind: litigation can reduce estate value. Consider mediation or a negotiated resolution when appropriate.
Verify local probate forms and rules at the county courthouse or the Kansas Judicial Branch website.

Disclaimer: This article explains general principles of Kansas probate procedure and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed Kansas probate attorney.