Short answer

If a decedent’s original will is lost or destroyed in Kansas, the probate court can still admit evidence of the will and carry out the decedent’s wishes — but you must prove two things: (1) what the will said, and (2) that the decedent did not revoke it. Courts generally require strong evidence (often called “clear and convincing” proof) such as a certified copy, credible witness testimony, or other reliable proof of the will’s contents and the decedent’s intent.

Detailed answer — How Kansas law treats lost or destroyed wills

Under Kansas probate law (see Kansas Statutes Chapter 59, Probate Code: https://www.ksrevisor.org/statutes/chapters/ch59.html), a will normally must be presented in original form to probate. If the original is missing because it was lost, misplaced, or destroyed, the court will not automatically refuse probate. Instead, the court will look for evidence establishing:

1. What the will’s terms were. This might come from a full copy of the will, a draft that accurately reflects the executed will, sworn testimony from one or more witnesses who recall the testator’s wishes, or other documentary evidence (bank records, correspondence, or a safe-deposit inventory listing the will).
2. That the decedent did not revoke the will. The court must be satisfied that the missing document was not intentionally revoked by the testator before death. If the decedent last had possession of the signed original and it cannot be found after death, many courts will infer that the testator destroyed it with the intent to revoke unless the proponent rebuts that inference with strong evidence.

Practical consequences and common scenarios:

• Lost but unrepealed original: If the original likely existed but cannot be produced (for example, a signed will kept at the decedent’s home that disappears before death), a probate court can admit a copy if witnesses or other proof show the copy accurately reflects the will and that no revocation occurred.
• Will appears destroyed (burned, torn, or canceled): Physical destruction by the testator with the intent to revoke will ordinarily revokes the will. If destruction was done by someone else without the testator’s intent, the court may refuse to treat it as a valid revocation.
• Duplicate or photocopy present: A certified true copy or a clear photocopy plus witness affidavits is persuasive; courts often admit a copy when the proponent proves the copy reflects the lost original and the decedent did not revoke.
• Third-party misconduct: If someone else stole or destroyed the will to frustrate the decedent’s wishes, the court may allow admission of secondary evidence (copy and witness statements) and may impose sanctions or remedies against the wrongdoer.

Burden of proof: The person asking the court to admit a lost or destroyed will must present competent evidence showing the will’s contents and that it was not revoked. Courts commonly require clear and convincing evidence when the original is absent, though the precise standard and required proof depend on the facts and the judge.

Procedure to follow in Kansas:

1. Locate any copies, drafts, or safe-deposit records and preserve them.
2. Obtain sworn affidavits from witnesses who saw the executed will or who can testify about the decedent’s statements or the will’s terms.
3. If the will appears destroyed, gather evidence about how and when the destruction occurred and whether the decedent intended revocation.
4. File a petition for probate with the local district probate court. Attach copies, affidavits, and a statement about efforts to locate the original.
5. Be prepared for interested parties (heirs or beneficiaries) to object. The court will hold a hearing and decide whether to admit the copy or other proof.

Where to look in Kansas law: For general probate rules and will formalities, see Kansas Statutes Chapter 59 (Probate Code): https://www.ksrevisor.org/statutes/chapters/ch59.html. Your local probate court or an attorney can point to the specific statutory subsections and case law that apply to lost or destroyed wills in your county.

Hypothetical example:

Mary signed a valid will in 2018 and kept it in a locked home office. After she died in 2024, family members could not find the original. Mary’s attorney had a certified copy and two witnesses who remembered the will’s main provisions and Mary’s intent. The proponent of the copy files a probate petition, submits the copy and witness affidavits, and explains that the original was last known in Mary’s possession and cannot be located. The court evaluates the evidence, decides the copy reliably reflects Mary’s will, finds no proof Mary revoked it, and admits the copy to probate.

Helpful Hints — What to do right now if a will is missing or destroyed

• Preserve evidence. Don’t throw away copies, drafts, or related documents. Photograph or scan anything relevant.
• Get witness statements quickly. Memories fade; obtain sworn affidavits from witnesses who can describe the executed will and the testator’s intent.
• Document searches. Record who searched where and when (homes, safe-deposit boxes, attorney files, safety boxes).
• Act promptly. File for probate as soon as possible. Delay can weaken proof and increase family conflict.
• Consider counsel. A probate attorney can prepare the petition, collect admissible evidence, advise about local rules, and represent you at hearings.
• Stop harmful acts. If someone destroyed or concealed a will, preserve evidence and consider seeking court help or civil remedies against the wrongdoer.
• Avoid assumptions: don’t assume a missing original equals intestacy (dying without a will). The court may accept secondary proof to carry out the decedent’s wishes.
• For future planning: keep the original will in a safe place (attorney trust, safe-deposit box, or the court’s safekeeping if available) and provide trusted people with instructions on where it is located.