Disclaimer: This article is for general information only and does not constitute legal advice. Consult a licensed attorney in Kansas for guidance on your specific situation.
Detailed Answer
When you file for probate in Kansas, the probate court requires proof of the decedent’s death. Under Kansas law, you generally must submit a certified death certificate with your application for letters of administration or probate of a will. See K.S.A. 59-1306: https://www.ksrevisor.org/statutes/chapters/ch59/059_013_0006.html.
If you cannot obtain the death certificate—due to delays, errors, or missing records—you may ask the court to accept secondary evidence under the Kansas Rules of Evidence (K.S.A. Ch. 60). An obituary published in a reputable newspaper can serve as one piece of secondary evidence, but courts rarely accept an obituary alone. You must supplement it with additional documentation, such as:
- A sworn affidavit by a disinterested witness who attended funeral arrangements.
- Funeral home records or a letter from the funeral director.
- Hospital, coroner, or medical records confirming the death.
The probate judge will evaluate the reliability of all submitted materials. If the court is satisfied that the decedent died on the claimed date, it may grant your application. However, direct submission of a certified death certificate remains the quickest and most reliable way to open an estate in Kansas.
Helpful Hints
- Order the death certificate promptly from the Kansas Department of Health and Environment: https://www.kdheks.gov/vital/.
- Prepare an affidavit of death: many county probate clerks provide a template or instructions.
- Gather supporting records from funeral homes, hospitals, or government agencies.
- Review your local county probate court’s filing requirements and fees.
- Seek legal counsel: an attorney can help you assemble acceptable secondary proof and navigate court procedures.