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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationKansas

Probate in Kansas

What Kansas’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in Kansas.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The time limit for filing a will for probate, if it is to pass 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, except as hereinafter provided.

Kansas · general information · checked October 24, 2026 · K.S.A. 59-617

Simplified or supervised administration, and what the court weighs

the court shall determine whether the estate shall be administered as a simplified estate or as a supervised estate. In making such determination, the court may consider the size of the estate; the degree of kinship of the heirs, devisees and persons seeking appointment; the solvency of the estate

Kansas · general information · checked October 24, 2026 · K.S.A. 59-3202

The published notice to creditors, and the time it gives them

notify the creditors of the decedent to exhibit their demands against the estate within four months from the date of the first published notice as provided by law and that, if their demands are not thus exhibited, they shall be forever barred.

Kansas · general information · checked October 24, 2026 · K.S.A. 59-2236(a)

The deadline for creditors’ demands, and for a creditor given actual notice

unless the demand is presented within the later of: (a) four months from the date of first publication of notice under K.S.A. 59-2236, and amendments thereto; or (b) if the identity of the creditor is known or reasonably ascertainable, 30 days after actual notice was given

Kansas · general information · checked October 24, 2026 · K.S.A. 59-2239(1)

Creditors’ claims when no probate petition is filed in time

No creditor shall have any claim against or lien upon the property of a decedent other than liens existing at the date of the decedent's death, unless a petition is filed for the probate of the decedent's will pursuant to K.S.A. 59-2220 and amendments thereto or for the administration of the decedent's estate pursuant to K.S.A. 59-2219 and amendments thereto within six months after the death of the decedent

Kansas · general information · checked October 24, 2026 · K.S.A. 59-2239(1)

The court’s docket fees for probate, for filing a will, and for refusing letters

Probate of an estate or of a will 109.50

Filing a will and affidavit under K.S.A. 59-618a, and amendments thereto 48.50

Refusal to grant letters of administration 48.50

Kansas · general information · checked October 24, 2026 · K.S.A. 59-104(a)

What the person holding the will must do, and contempt for refusing

After the death of a testator the person having custody of the testator's will shall deliver it to the court which has jurisdiction thereof. Every person who willfully neglects or refuses to deliver a will after being duly ordered to do so shall be guilty of contempt of court.

Kansas · general information · checked October 24, 2026 · K.S.A. 59-621

Knowingly withholding a will from the court, and the liability for it

Any person who has possession of the will of a testator dying a resident of this state, or has knowledge of such will and access to it for the purpose of probate, and knowingly withholds it from the district court having jurisdiction to probate it for more than six months after the death of the testator shall be liable for reasonable attorney fees, costs and all damages sustained by beneficiaries under the will

Kansas · general information · checked October 24, 2026 · K.S.A. 59-618

Filing a will with the court to preserve it for record, before any probate

(a) Any person possessing a decedent's will may file in the district court of the county of the decedent's last residence the decedent's will or a copy of such will and an affidavit that complies with subsection (b).

that the will is being filed with the district court for the purpose of preserving it for record in the event that probate proceedings are later required

Kansas · general information · checked October 24, 2026 · K.S.A. 59-618a(a), (b)(1)(D)

The same page for other states

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FAQ

Common questions

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, except as hereinafter provided.

Kansas · general information · checked October 24, 2026 · K.S.A. 59-617

No will shall be effectual to pass real or personal property unless it shall have been duly admitted to probate.

Kansas · general information · checked October 24, 2026 · K.S.A. 59-616

the court shall determine whether the estate shall be administered as a simplified estate or as a supervised estate. In making such determination, the court may consider the size of the estate; the degree of kinship of the heirs, devisees and persons seeking appointment; the solvency of the estate

Kansas · general information · checked October 24, 2026 · K.S.A. 59-3202

notify the creditors of the decedent to exhibit their demands against the estate within four months from the date of the first published notice as provided by law and that, if their demands are not thus exhibited, they shall be forever barred.

Kansas · general information · checked October 24, 2026 · K.S.A. 59-2236(a)

unless the demand is presented within the later of: (a) four months from the date of first publication of notice under K.S.A. 59-2236, and amendments thereto; or (b) if the identity of the creditor is known or reasonably ascertainable, 30 days after actual notice was given

No creditor shall have any claim against or lien upon the property of a decedent other than liens existing at the date of the decedent's death, unless a petition is filed for the probate of the decedent's will pursuant to K.S.A. 59-2220 and amendments thereto or for the administration of the decedent's estate pursuant to K.S.A. 59-2219 and amendments thereto within six months after the death of the decedent

Kansas · general information · checked October 24, 2026 · K.S.A. 59-2239(1)

Probate of an estate or of a will 109.50

Filing a will and affidavit under K.S.A. 59-618a, and amendments thereto 48.50

Refusal to grant letters of administration 48.50

Kansas · general information · checked October 24, 2026 · K.S.A. 59-104(a)

Any person who has possession of the will of a testator dying a resident of this state, or has knowledge of such will and access to it for the purpose of probate, and knowingly withholds it from the district court having jurisdiction to probate it for more than six months after the death of the testator shall be liable for reasonable attorney fees, costs and all damages sustained by beneficiaries under the will

Kansas · general information · checked October 24, 2026 · K.S.A. 59-618

After the death of a testator the person having custody of the testator's will shall deliver it to the court which has jurisdiction thereof. Every person who willfully neglects or refuses to deliver a will after being duly ordered to do so shall be guilty of contempt of court.

Kansas · general information · checked October 24, 2026 · K.S.A. 59-621

(a) Any person possessing a decedent's will may file in the district court of the county of the decedent's last residence the decedent's will or a copy of such will and an affidavit that complies with subsection (b).

that the will is being filed with the district court for the purpose of preserving it for record in the event that probate proceedings are later required

Kansas · general information · checked October 24, 2026 · K.S.A. 59-618a(a), (b)(1)(D)

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