How Do I Get Appointed as Executor in Kansas?

See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.

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Frequently Asked Questions

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."; 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).

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

Kansas permits self-represented filers to open an estate. E-filing is not open to self-represented filers. The Self-File Probate Assessment compares self-filing and attorney costs for Kansas.

Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Kansas — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

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