Can I be appointed administrator of my mother’s estate in Kansas when she died without a will?

Short answer: Yes — if your mother died intestate (without a will), a Kansas probate court can appoint an administrator (also called a personal representative) to manage and settle the estate. To start, you generally file an application or petition with the probate court in the county where your mother lived, provide required documents, notify heirs and creditors, and obtain Letters of Administration before collecting assets or paying debts.

Disclaimer

This article explains general Kansas probate procedures and is educational only. It is not legal advice. For advice specific to your situation, consult a licensed Kansas probate attorney or the county probate court clerk.

Detailed answer — step-by-step under Kansas law

1. Confirm there is no valid will

Before asking the court to appoint an administrator, make a reasonable search for any possible will. If you locate a will, that changes the process: the person named executor usually files the will with the probate court. If there is no will, the estate is intestate and the court will appoint an administrator to follow Kansas intestacy rules for distribution.

2. Find the correct probate court

In Kansas, probate matters are handled by the district court in the county where the decedent lived at death (or where significant real property is located). Contact that county’s probate clerk to learn local forms, filing fees, and the specific process.

3. Who has priority to be appointed?

Kansas prioritizes certain people to serve as administrator. Typically, a surviving spouse, an adult child, or another close heir will have priority. If multiple people want to serve, the court decides based on who is qualified and whether someone objects. If heirs agree on a person to serve, the court will usually appoint that person.

4. Prepare and file the application (petition) for appointment

Common items the probate court will require when you apply to be appointed include:

Application or Petition for Letters of Administration (title of form varies by county)
Certified or certified-copy death certificate
A list of the decedent’s known heirs and their addresses
A basic inventory of assets (bank accounts, real estate, vehicles, personal property) if known
Any required filing fee

File the forms with the district court clerk in the proper county. The clerk can explain local filing requirements and provide necessary forms.

5. Bond and qualifications

The court may require an administrator to post a fiduciary bond (insurance that protects the estate against mismanagement). Sometimes the bond is waived if all heirs agree or if the will waived bond (not applicable in intestacy). The court will also determine whether the applicant is qualified (adult, not under disability, not convicted of disqualifying crimes, and otherwise suitable).

6. Notice to heirs and creditors

After appointment (or sometimes after filing), Kansas law requires notice to heirs and publication/notice to creditors so claims against the estate can be presented. The administrator typically must provide mailed notice to known heirs and publish a notice to creditors in a local paper. The exact notice requirements and timing are set by Kansas probate rules and statutes.

7. Letters of Administration and powers

Once appointed and any required bond is filed, the court issues Letters of Administration (or similar document). These letters give the administrator authority to act for the estate — collect assets, pay debts and taxes, sell property if authorized, and distribute assets following Kansas intestacy law.

8. Inventory, accounting, paying debts, and distribution

The administrator must inventory the estate’s assets and follow court rules for recordkeeping. Debts and taxes are paid in the order required by law. After paying valid claims, the administrator distributes the remaining assets to heirs according to Kansas intestate succession law.

9. Closing the estate

After administration is complete, the administrator files a final accounting and a petition for discharge (closing documents) with the court. Once the court approves the final accounting, the administrator is discharged and relieved of further duties.

Key Kansas statutes and resources

Kansas probate and intestacy matters are governed by the Kansas statutes on decedents’ estates and probate procedure. For statutory language and additional details, see:

Kansas Statutes, Chapter 59 (Decedents’ Estates and Trusts) — overview of probate and estate law: https://ksrevisor.org/statutes/chapters/ch59.html
Contact your county district court (probate clerk) for local forms and procedures. The Kansas Judicial Branch website lists courts and contact information: https://www.kscourts.org

Helpful hints — practical checklist

Gather documents first: certified death certificate, driver’s license, Social Security number, bank statements, recent mail, titles, deeds, insurance policies, and investment account information.
Search for a will in safe-deposit boxes, attorney offices, files at home, or with your mother’s bank. Ask close friends and attorneys.
Call the probate court clerk in the county where your mother lived before filing to get local forms and confirm filing fees and procedures.
Be prepared to provide a list of heirs with contact info — the court requires notice to known heirs.
Expect to post a bond unless all heirs agree to waive it or the court excuses it. Ask the clerk how to request a bond waiver or reduction.
Do not access or move significant estate assets before appointment; banks and title companies generally require Letters of Administration.
Keep clear records and receipts of all transactions involving estate property — you will need these for inventories and final accounting.
Notify institutions (banks, Social Security, pensions) after appointment. Some agencies require certified Letters of Administration to release funds or information.
Consider hiring a probate attorney if the estate is complex, there are disputes among heirs, or significant tax issues exist. Even a short consult can help you avoid costly mistakes.

When to consult an attorney

If heirs disagree, there are unusual assets (business interests, out-of-state property), potential tax issues, or complex creditor claims, you should talk with a Kansas probate attorney. A lawyer can prepare paperwork, represent you in court, and guide trust and estate issues that are beyond routine administration.

For attorney referral help, you can contact the Kansas Bar Association or your local county court clerk for a referral list.