Detailed answer (Kansas law)

Under Kansas law, the key question for where to open probate is the decedent’s legal domicile at the time of death — not necessarily the physical location where they died. Domicile generally means the place the person considered their permanent home and to which they intended to return. If the decedent was domiciled in another state when they died, that other state is usually the place for the primary (or domiciliary) probate administration.

That said, if the decedent owned property located in Kansas (for example, Kansas real estate, bank accounts titled in Kansas, or tangible personal property located in Kansas), you may still need a Kansas ancillary probate or limited ancillary proceeding to deal with those Kansas-situs assets. Ancillary probate is a supplemental probate opened in a state where some property is located when the main probate is taking place elsewhere.

Practical rules to apply under Kansas law:

• If the decedent was domiciled in another state, open primary probate (the principal estate administration) in the decedent’s state of domicile.
• Open ancillary probate in Kansas only for assets that have a Kansas situs (real estate in Kansas, Kansas-titled accounts, motor vehicles registered in Kansas, etc.).
• If the decedent was domiciled in Kansas at death, open probate in Kansas even if the death occurred in another state.

Kansas statutes governing decedents’ estates and probate procedures are located in K.S.A. Chapter 59 (Decedents’ Estates). For an overview of the statutory framework, see K.S.A. Chapter 59: Kansas Statutes, Chapter 59 — Decedents’ Estates.

Other practical considerations:

• Wills: If a will exists, it normally is probated in the decedent’s domicile state. The will should be filed in the probate court where the primary administration occurs. If Kansas assets exist and have not been administered elsewhere, an ancillary probate filing in Kansas may be required to transfer or sell that property.
• Real property: Real estate is controlled by the law where the land is located. To clear title to Kansas real property or to sell it, you generally must open a Kansas probate or ancillary probate proceeding.
• Bank accounts and personal property: Financial institutions sometimes require a local probate or a letter of administration from the decedent’s domiciliary state. Smaller Kansas-situs personal property may be transferable using an affidavit or summary procedure if statutory small‑estate thresholds are met.
• Creditors and notices: If you open probate in Kansas for Kansas-situs assets, Kansas creditor notice and claims procedures apply to that ancillary administration. The primary estate administration handles creditor claims in the domicile state.
• Timing: Open the primary probate first in the decedent’s domicile when possible and then open any necessary ancillary proceedings in Kansas for Kansas assets. Opening ancillary probate before or without coordination can cause duplication and confusion.

In short: under Kansas law, determine the decedent’s domicile. Probate normally belongs in the domicile state. Use Kansas probate only for assets located in Kansas that need local administration.

Where to find official Kansas statutory guidance: see K.S.A. Chapter 59 (Decedents’ Estates) for statutes on probate, administration, and ancillary proceedings: https://www.kslegislature.org/li/b2023_24/statute/059_000_0000_chapter/059_000_000_0000_chapter/ (Chapter index and provisions).

Disclaimer: This article explains general principles of Kansas probate law and does not provide legal advice. Laws change and every case turns on its facts. Consult an attorney licensed in Kansas to get advice specific to your situation.

Helpful Hints

• First step: confirm the decedent’s legal domicile (driver’s license, voter registration, tax filings, where they intended to live).
• Locate the original will and any estate planning documents before filing anything.
• Identify Kansas-situs assets (real estate, vehicles titled in Kansas, local bank accounts, safe deposit contents) to see whether ancillary probate in Kansas is needed.
• Contact the probate court clerk in the county where Kansas property is located for local filing rules and required forms.
• Ask banks and title companies what documents they require to transfer or sell Kansas property — sometimes they accept a certified copy of the foreign (domiciliary) court’s letters of administration plus a local ancillary appointment.
• If the estate is small, check whether Kansas summary or small‑estate procedures apply so you can avoid full probate.
• Consider hiring a Kansas probate attorney if there is Kansas real estate, disputes among heirs, or complex creditor claims; an attorney can coordinate domiciliary and ancillary administration.
• Keep a clear timeline and copies of filings in every jurisdiction involved to avoid duplicate fees and conflicts between courts.