How to submit the original will to a Kansas probate court when you live out of state

Summary: If you live outside Kansas but need to submit a decedent’s original will to a Kansas probate court, follow the steps below to ensure the will is filed in the correct county, delivered safely, and processed with minimal delay. This article explains where to file, what documents the court typically requires, safe delivery options, and practical tips for handling the process from another state.

Disclaimer

This information is educational only and is not legal advice. I am not a lawyer. For advice specific to your situation, consult a licensed Kansas attorney or contact the probate court clerk in the county where the decedent lived.

Detailed Answer: Steps for submitting an original will in Kansas

1. Confirm the correct Kansas county for filing

In Kansas, wills are typically probated in the district court of the county where the decedent was domiciled (lived) at death. If the decedent was a nonresident but owned real property in Kansas, you may need to consult the local court because filing rules can vary. When in doubt, contact the district court clerk in the county where the decedent’s primary residence was located.

2. Gather required documents before sending the original will

Original signed will (do not send only a copy unless the original is lost; courts prefer the original).
Certified copy of the decedent’s death certificate. Kansas Vital Records information: https://www.kdhe.ks.gov/vital.
A completed petition for probate or filing cover sheet if the county provides one (many counties have local probate intake forms). Check the county court’s website or call the clerk.
Any known executor/attorney contact information and a list of known heirs/beneficiaries with mailing addresses, if available.
Filing fee (amount varies by county) or a request for fee waiver if eligible.

3. Contact the probate court clerk before sending anything

Call or email the district court clerk in the correct county. Ask:

Which form(s) they require to start probate (petition for probate, cover sheet, decedent information form).
Current filing fee and acceptable payment methods.
Whether the court accepts mailed filings and how they prefer to receive the original will (sealed envelope, signature on delivery, etc.).
Whether the clerk can hold the original will for filing if you need mailing time, or whether they will file immediately on receipt.

Most Kansas district courts provide local probate information and forms online via the Kansas Judicial Branch site: https://www.kscourts.org/.

4. Safe ways to deliver the original will from out of state

Options include:

Certified mail or USPS with signature confirmation to the probate clerk (track the package and require a signature).
Private courier (FedEx, UPS) with delivery signature and insurance for the package’s declared value.
Hand-delivery by a trusted person in Kansas (friend, family member, or local attorney). If someone else delivers the will, include a signed cover letter authorizing them to deliver it.
Retain a Kansas probate attorney to file the original and represent you. An attorney can both deliver the original and handle subsequent steps (petition, hearings, obtaining letters testamentary).

Label the package clearly, include a cover letter with a return address, and state your relationship to the decedent. Keep copies of everything you send and all tracking information.

5. What to expect after the court receives the original will

The clerk will usually file the will and open a probate case if someone files a petition to admit the will to probate.
The court will issue a case number and may schedule a hearing or set deadlines for notices to interested parties. The petitioner (often the named executor) must usually petition the court to be appointed as personal representative.
The court issues letters testamentary or letters of administration after appointment; you (or your Kansas attorney) will need certified copies of those letters to act on behalf of the estate (to access bank accounts, manage assets, etc.).

6. If the original will is lost or cannot be located

If you cannot find the original will, Kansas law allows probate courts to admit a copy of a will under certain circumstances, but the court may require additional proof about the will’s content and the decedent’s intentions. Contact the district court clerk or a Kansas attorney quickly to learn what evidence the court will require.

7. Additional items to check in Kansas

Whether the will waives bond for the personal representative or whether the court will require a bond (amount varies by estate).
Whether the executor must appear in person for an oath. Courts may allow an attorney to appear or use sworn affidavits in some situations.
Local county forms and procedures—counties sometimes add requirements (see the local district court webpage under the Kansas Judicial Branch).

Helpful Hints

Call the county district court clerk first. They will tell you the required forms, fees, and the best delivery method for the original will.
Use tracked, signature-required delivery and insure the package. Keep the tracking number and delivery receipt.
Include a clear cover letter inside the package that identifies the decedent, states that the enclosed is the original will, and provides your contact information and relationship to the decedent.
Obtain a certified copy of the death certificate before filing; courts generally require it. Kansas Vital Records: https://www.kdhe.ks.gov/vital.
Consider hiring a Kansas probate attorney to file the petition, especially if the estate is large, complicated, or contested. An attorney can appear for you and handle local procedural requirements.
If sending someone else to deliver the will, provide them with a signed authorization letter and copies of your ID and the decedent’s death certificate.
If you prefer not to send the original, you can ask the clerk whether they will accept a scanned copy for initial review and hold the original until you can arrange delivery — but be prepared that the court will likely want the original to admit the will to probate.
After filing, request certified copies of the letters testamentary or administration so you can handle bank and title matters out of state.

Where to find Kansas forms and local court information

Kansas Judicial Branch (district court and probate information): https://www.kscourts.org/

Kansas Statutes and legislative resources: https://www.kslegislature.org/

If you need legal help, search for a Kansas probate attorney or contact your local county district court clerk for specific filing instructions.