Detailed Answer
Under Kansas law, you begin by filing a probate petition in the district court of the county where the decedent lived. If the decedent left a valid will that names you as personal representative (also called executor), the court usually grants your petition under K.S.A. 59-2233. You must submit the original will and a death certificate.
If the decedent died without a will (intestate), the court appoints an administrator. Kansas law sets a priority list for appointment in K.S.A. 59-2202. The court first considers the surviving spouse, then adult children, parents, siblings, nieces/nephews, and other blood relatives. A mother-in-law does not appear on this list unless no one in a higher category petitions within 30 days. In that case, the court may appoint “any other person” under the same statute.
To qualify, you must be at least 18 years old, have no felony convictions involving moral turpitude, and either reside in Kansas or appoint a resident agent if you live elsewhere (K.S.A. 59-2102). The court may require you to post a bond for the estate’s benefit unless all interested parties waive bond (K.S.A. 59-2220).
In practice, you cannot automatically serve as personal representative solely because you are the mother-in-law. You must either be named in a valid will or wait until no closer relative petitions. If you qualify as an “interested person” after the statutory waiting period, the court may consider your petition.
Helpful Hints
- Review the decedent’s will to see if it names you as personal representative (K.S.A. 59-2233).
- Check the order of priority in K.S.A. 59-2202 before filing.
- File your petition and provide notice to all heirs and interested parties.
- Prepare to post a bond unless everyone entitled to notice waives it (K.S.A. 59-2220).
- Consult an attorney if the priority order or probate procedures seem unclear.
Disclaimer: This article provides general information under Kansas law. It does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.