Does the personal representative have to provide me a copy of the accounting in a probate matter in Kansas? | Kansas Probate | FastCounsel
KS Kansas

Does the personal representative have to provide me a copy of the accounting in a probate matter in Kansas?

Detailed Answer

Under Kansas law, a personal representative must file accountings with the court and provide copies to interested persons. Kansas Statutes Annotated (K.S.A.) §59-2239 requires the personal representative to prepare an account of all receipts, disbursements and distributions. The representative must file that account annually or at other times ordered by the court and serve it on each person entitled to notice. (See K.S.A. §59-2239(a): kslegislature.org/li/b2023_24/statute/059_022_0039/.)

“Interested persons” include heirs, devisees and beneficiaries as defined in K.S.A. §59-2202(a). They have a right to inspect or copy probate records under K.S.A. §59-2233(b). When you request a copy of the accounting, the personal representative must furnish it within a reasonable time. If the representative refuses or unreasonably delays, you may petition the probate court to compel production under K.S.A. §59-2239(e). The court can then order the representative to deliver the accounting and may impose sanctions for noncompliance.

In practice, you should identify yourself as an interested person, submit your request in writing, and keep a copy. If the representative objects, file a motion to compel in the probate court where the estate is administered. The judge will schedule a hearing and decide whether to enforce the statute.

Helpful Hints

  • Review K.S.A. §59-2202 to confirm you qualify as an interested person.
  • Submit your accounting request in writing and retain proof of delivery.
  • Track statutory deadlines: annual accountings often fall on the anniversary of appointment.
  • If denied, file a formal petition or motion in the probate division of district court.
  • Consider consulting a probate attorney if the personal representative resists court orders.
  • Keep copies of all estate-related correspondence and court filings.

Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.