How Do I Get Appointed as Executor in Kansas?

In Kansas, the District Court appoints the personal representative and the District court issues Letters Testamentary or Letters of Administration; every appointment goes through the court.

State

Document Type

Getting appointed in Kansas

Personal Representative (executor if testate, administrator if intestate)

The form that opens the estate

No statewide fill-in form

Attorney-drafted pleading

Where you file

District Court (sitting in probate)

What the court issues (with a will)

Letters Testamentary

issued by District court

Letters are an output — the court issues them after granting the petition.

At a glance

UPC adoptedInformal trackE-filing (self-represented)Self-represented filingLocal/county forms

E-filing through the Kansas Courts eFiling system is mandatory for Kansas-licensed attorneys (Supreme Court Rule 122(b)) and is closed to self-represented filers: the Judiciary's registration page states "Self-represented parties file paper documents, so they should not register," and Rule 122A extends e-filing only to enumerated nonlawyer external justice partners. A self-represented litigant files on paper — in person, by mail, by fax, or by drop box where the county offers one (Supreme Court Temporary Rule for Filing in a District Court by a Self-Represented Litigant, (d)(1)) — and in a county operating under the Kansas eCourt Rules must accompany each document with a Self-Represented Litigant Certification (Judicial Council form OJA 218, current version 07-2025). Filing by fax additionally requires the Rule 119 Fax Transmission Sheet.

Bond

Required before Letters: Yes
Waivable by will: Yes
Waivable by beneficiaries: Yes

What to file with the petition

Original will and any codicils — K.S.A. 59-2220: "The will shall accompany the petition if it can be produced." A petition to probate a lost or destroyed will "shall contain a statement of the provisions of the will."
Surviving spouse's consent to the will, if one was executed — K.S.A. 59-2220: the petition "may also state whether a surviving spouse has executed a consent to the will, in which event the consent shall accompany the petition if the consent can be produced."
Petition stating the heirs/devisees, the general character and probable value of the real and personal property, and the person for whom letters are prayed (K.S.A. 59-2219)
Statement on the petition whether administration is sought under the Kansas simplified estates act, and if so one or more reasons for seeking it (K.S.A. 59-2219(5))
Bond of not less than 125% of the personal property and probable annual income from real estate, unless excused by the will or by written waiver of all known heirs / all devisees and legatees (K.S.A. 59-1101, 59-1104)
Oath of the appointed executor or administrator, filed after appointment — letters do not issue until it is on file (K.S.A. 59-2227: "Upon filing of the oath and bond as required by law, letters shall issue."; K.S.A. 59-2232: neglect for ten days after notice of appointment "to file the oath and bond required by law ... shall be deemed a refusal to serve")
Case-filing cover sheet with a new case, and — in a county operating under the Kansas eCourt Rules — a Self-Represented Litigant Certification (Judicial Council form OJA 218) with each document filed without an attorney (Supreme Court Temporary Rule for Filing in a District Court by a Self-Represented Litigant)

Small-estate alternative

Bypasses full Letters: Yes
Form name: Small Estates Affidavit — Transferring Certain Personal Property in Estates Under $75,000 Pursuant to K.S.A. 59-1507b

State-specific notes

Kansas abolished separate probate courts; the district court exercises probate jurisdiction (K.S.A. ch. 59). One petition can request probate of the will and issuance of letters testamentary (59-2220) or administration on intestacy (59-2219), and elects the Kansas Simplified Estates Act (59-3201 to 59-3206) — a court-supervised lighter administration the court approves at the hearing, NOT a UPC-style non-judicial registrar track. EVERY Kansas appointment runs through a NOTICED HEARING, not an over-the-counter filing: "A probate proceeding may be commenced in the district court by filing a petition and causing it to be set for hearing. When a petition is filed, the court shall fix the time and place for the hearing on it" (K.S.A. 59-2204), and notice of that hearing is given under K.S.A. 59-2209 unless the court orders otherwise (K.S.A. 59-2222(a)). The 59-2210 Probate Notice of Hearing is one of only two free statewide probate forms the Judicial Council publishes. Letters then issue only after the appointee files the required OATH and bond (59-2227 testate, 59-2232 intestate). Any person interested in the estate may petition (K.S.A. 59-2221). TIMING (two distinct six-month rules, often conflated): (1) K.S.A. 59-617 bars a late-probated WILL from passing property — "No will of a testator who died while a resident of this state shall be effectual to pass property unless a petition is filed for the probate of such will within six months after the death of the testator." (2) K.S.A. 59-2239(1) conditions CREDITOR claims on a timely opening — "No creditor shall have any claim against or lien upon the property of a decedent ... unless a petition is filed for the probate of the decedent's will pursuant to K.S.A. 59-2220 ... or for the administration of the decedent's estate pursuant to K.S.A. 59-2219 ... within six months after the death of the decedent." A related duty: anyone who knowingly withholds a will from the district court for more than six months after death is liable for attorney fees, costs, and damages to innocent beneficiaries (K.S.A. 59-618), who may still petition within 90 days of learning of the will. Either way, six months after death is the tight window that governs executor-facing guidance (see appointmentTiming for why no maxYearsAfterDeath number is set).

General information about how a personal representative is appointed, not legal advice. Consult a licensed attorney for legal questions. Data verified Aug 24, 2026

Kansas has no single statewide fill-in petition; the opening document is prepared to statute and filed with the District Court. District court issues Letters Testamentary or Letters of Administration after the court grants the petition.

Along with the petition, Kansas generally requires: Original will and any codicils — K.S.A. 59-2220: "The will shall accompany the petition if it can be produced." A petition to probate a lost or destroyed will "shall contain a statement of the provisions of the will"; Surviving spouse's consent to the will, if one was executed — K.S.A. 59-2220: the petition "may also state whether a surviving spouse has executed a consent to the will, in which event the consent shall accompany the petition if the consent can be produced". The court's own checklist runs longer for particular cases.

Yes. Kansas requires a bond by default before Letters issue. A will can waive it. The beneficiaries can also waive it in writing.

Kansas permits a self-represented person to open an estate. E-filing is attorneys only. The Kansas self-file probate assessment sets self-filing against attorney costs.

Yes. A revocable living trust passes its assets to the beneficiaries without a court appointment in Kansas: no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about fifteen minutes.

Getting Appointed in Kansas

Authority to act for the estate comes from Letters issued in Kansas by District court, on appointment by the District Court. The document is Letters Testamentary (with a will) or Letters of Administration (no will). Kansas has not adopted the Uniform Probate Code.

Kansas publishes no single statewide fill-in petition; the opening document is prepared to statute and filed with the court. The filing fee is $132. Kansas has no informal (registrar) appointment track, so every appointment goes through the court.

Kansas requires a bond by default before Letters issue, though a will can waive it and the beneficiaries can waive it in writing.

For smaller estates, Kansas offers a small-estate procedure for estates under $75,000 that can transfer assets without a full appointment or Letters. The Kansas self-file probate assessment compares self-filing and attorney costs.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Kansas statutes and official state code. How we research.

Is this your situation?

Get a complete guide for your specific circumstances.

Named as Executor

What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.

Learn more

Free tools for settling an estate in Kansas: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.

How Much Can an Executor Charge?

Kansas pays executors reasonable compensation, typically 2.2% to 3.8% of the estate.

Use Calculator

Can I Self-File Probate?

Kansas has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.

Check Now

What Are the Creditor Claim Deadlines?

In Kansas, creditors have 4 months from first publication of the creditor notice to present claims; late claims are barred.

Check Deadlines

What Happens When an Estate Is Insolvent?

When an estate owes more than it holds, Kansas pays the claims in 4 classes in statutory order, beginning with reasonable funeral expenses, then medical assistance claims under K.S.A. 39-709.

Check the Payment Order

How Do I Open an Estate Account When Someone Dies?

Compare estate-account opening requirements bank by bank: channels, required documents, and steps.

See Bank Requirements

What Is the Estate's Personal Property Worth for Probate?

Estimate the fair market value of household items for probate and see how it affects fees.

Estimate Value

How Much Does Probate Cost?

Probate on a $500,000 estate in Kansas costs an estimated $25,212. Attorney fees run 1.8% to 2.9% of the estate under a reasonable-compensation standard.

Use Calculator

Hire a Kansas Probate Attorney

Browse 77 probate firms in Kansas with addresses, contact info, and practice details.

Browse firms

All Kansas tools

Kansas Estate Settlement Resources

In-depth guides covering Kansas probate, estate administration, and settling an estate.