Detailed Answer: Documents Needed to Apply for Probate Appointment and Take the Oath in Kansas

This FAQ explains, in plain language, what papers you normally must file with a Kansas county probate/court to ask for appointment as a personal representative (executor or administrator) and to be sworn to perform those duties. This is a general guide only — rules and local forms vary by county.

What does “appointment” and the “oath” mean?

Appointment: the court officially names the personal representative who will manage the decedent’s estate (the executor if there is a will, or an administrator if there is no will). The court usually issues “Letters Testamentary” (if there is a will) or “Letters of Administration.”

Oath: before acting, the appointed representative must swear (or affirm) to faithfully perform duties. The court clerk typically administers the oath and the oath is filed in the probate record.

Primary documents to prepare and bring

• Original Last Will and any Codicils — If the decedent left a will, submit the original will to the court. The will is the principal document that supports an application for probate.
• Certified Death Certificate — Most courts require a certified copy of the death certificate when opening the probate file. Obtain this from the state or county vital records office.
• Petition or Application for Probate / Appointment — The formal petition (sometimes called “Application for Probate of Will and for Letters” or “Application for Appointment of Personal Representative”). Use the county’s probate forms when available. This petition asks the court to open probate and appoint you.
• Oath or Affidavit of Personal Representative — A signed oath/affirmation that you will faithfully perform the duties. Some counties provide a short court oath form you must sign before the clerk.
• Acceptance of Appointment or Consent — If another nominated executor declines, you may need a written acceptance. If multiple heirs consent to a particular appointment, signed waivers/consents can speed the process.
• Bond or Waiver of Bond — Kansas courts commonly require a fiduciary bond for the personal representative unless the will waives bond or the court orders otherwise. If a bond is required, file a surety bond form or, alternatively, a written waiver signed by beneficiaries if permitted.
• List of Heirs/Devisees and Their Addresses — The petition usually asks for the names and addresses of heirs (intestate heirs) or devisees (will beneficiaries) so the court can direct notice and service.
• Proof of Notice / Service — After filing, you must give notice to interested parties (heirs, beneficiaries, spouse, creditors in some situations). Bring completed proof-of-service or affidavit-of-mailing forms showing notice was given.
• Renunciations or Waivers (if any) — If a person entitled to appointment declines to serve, a signed renunciation helps the court proceed. Beneficiary waivers of notice or bond (if allowed) should also be included.
• Inventory and Appraisement (after appointment) — While typically filed after letters are issued, be prepared to prepare and file an inventory of estate assets and an appraisal as required by the court.
• Filing fee and identification — Courts charge a filing fee (varies by county). Bring a government-issued photo ID for the person signing the oath.

Other common supporting documents

• Certified copies of beneficiary designations (e.g., life insurance) if relevant.
• Deeds, titles, or account statements to identify estate assets.
• Affidavit of Small Estate or Summary Administration paperwork if you are using a simplified procedure (available in limited situations).
• Employer or banking documentation if an immediate action (like paying final wages or securing accounts) is needed.

Where to find the correct forms and statutes

Kansas county courts provide local probate forms and filing instructions. For statewide statutes on probate (Kansas Probate Code), see Chapter 59 of the Kansas Statutes: K.S.A. Chapter 59 (Probate/Administration). For official Kansas probate forms and guidance, see the Kansas Judicial Branch forms page: Kansas Judicial Branch – Probate Forms.

Typical step-by-step filing flow

1. Gather the original will and death certificate and complete the county petition form.
2. File the petition, will, and death certificate with the county probate court and pay the filing fee.
3. The court clerk sets a hearing or issues letters if the case is uncontested. The court will require notice to interested parties; complete proof of service where required.
4. If appointed, sign the oath before the clerk and, if required, arrange for a bond to be filed.
5. After appointment, the court issues Letters Testamentary or Letters of Administration; use certified copies of Letters to access accounts and settle the estate.

Key Kansas-law points to know

• Many procedures, bond rules, and notice deadlines are set by Kansas statutes and court rules; consult K.S.A. Chapter 59 and your county court clerk for specifics. See: K.S.A. Ch. 59.
• Wills that waive bond in express language often allow the executor to serve without a surety bond, but courts may still require a bond in some circumstances.
• Small or summary probate procedures are available in limited circumstances and require different, simplified forms.

When to get legal help

If the estate has unusual assets (business interest, out-of-state property), contested beneficiaries, creditor disputes, tax issues, or if you are unsure whether bond or additional filings are required, consult a licensed Kansas attorney who practices probate law or ask the court clerk for form-specific guidance.

Helpful Hints

• Bring multiple certified copies of the death certificate — banks and title companies often require them.
• Always file the original will, not a copy. Keep a copy of everything you file for your records.
• Call the county probate clerk before you go — counties may have different local forms, filing fees, and hearing procedures.
• If the will expressly waives bond, bring the will language and a proposed waiver form; if not, contact a bonding agent early because securing a bond can take time.
• Do not distribute estate assets until the court issues letters or authorizes distribution in writing.
• Use the Kansas Judicial Branch forms page for sample probate forms: kscourts.org – Probate Forms.
• Keep careful records of notices, bills paid, and communications — the court will expect clear accounting.

Disclaimer: This content is for general informational purposes only and does not constitute legal advice. It summarizes common Kansas probate practices but cannot account for every situation or local rule. Consult a licensed Kansas attorney or the county probate court for advice tailored to your circumstances.