How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Kansas | Kansas Estate Planning | FastCounsel
KS Kansas

How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Kansas

Detailed Answer

Navigating probate in Kansas requires submitting the decedent’s original will or, if that’s unavailable, a filed copy. Follow these steps:

1. Locate the Original Will

  • Check the decedent’s personal effects—safe deposit boxes, home filing cabinets or attorney’s files.
  • Contact the attorney who drafted the will. Under K.S.A. 59-604, attorneys often hold voluntarily deposited wills. K.S.A. 59-604

2. File the Original Will with the Probate Court

  • In the county where the decedent resided, open a probate case in District Court’s Probate Division.
  • Submit the original document to the clerk. Kansas law mandates the original will’s submission for probate. See K.S.A. 59-602.
  • Pay required filing fees (vary by county).

3. If the Original Will Is Lost or Destroyed

  • File a “Petition for Probate of Lost or Destroyed Will.”
  • Provide an affidavit detailing how the will was lost or destroyed and evidence of its terms.
  • The court may allow probate on secondary evidence if it’s satisfied the will existed. See K.S.A. 59-605.

4. Obtaining a Filed Copy of the Will

  • Visit or contact the probate clerk’s office where the will was filed.
  • Submit a written request for a certified copy. Include the case number or decedent’s name and date of death.
  • Pay any per-page or certification fees as required by court local rules.

Helpful Hints

  • Begin the search for an original will immediately after death.
  • Keep copies of all filings and receipts from the court.
  • If you suspect the will was never filed, check the attorney’s office and Kansas Will Registry maintained by the Secretary of State.
  • Act quickly—delays can complicate creditor claims and distribution timelines.
  • Consult with a probate attorney if you encounter objections or missing documents.

Disclaimer: This article provides general information under Kansas law and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.