Disclaimer

This is educational information only and is not legal advice. For advice about your specific situation, talk to a Kansas probate attorney or contact the local probate court.

Detailed answer — step‑by‑step under Kansas law

When someone dies without a will (intestate) in Kansas, the court appoints an administrator (also called a personal representative) to collect the assets, pay valid debts and taxes, and distribute what remains to the heirs. Here are the usual steps and legal points you need to know.

1. Determine proper court and timing

File a petition for administration in the probate court of the county where your father was domiciled (his permanent residence) when he died. If you delay, creditors or other interested people may file, so act promptly.

2. Who has priority to be appointed?

Kansas law gives priority to certain people to serve as administrator. Common priority order (the court will consult the statute and case law) usually puts a surviving spouse first, then adult children, then other next‑of‑kin. If you are a child of the decedent, you commonly are high in priority, especially if there is no surviving spouse. If multiple people with equal priority ask, the court may pick the person it finds most appropriate.

3. What to include in the petition

• Petition for administration (name of decedent, date of death, residence).
• Statement that the decedent died intestate (no valid will).
• Names and addresses of heirs and next of kin (as far as you know).
• Estimated value of the estate and location of major assets.
• A request that you be appointed as administrator and that letters of administration be issued.

4. Notices, hearing and bond

The court will require notice to interested persons (heirs and sometimes creditors). The court may set a hearing. Kansas commonly requires a bond for the administrator unless the heirs waive the bond or the court orders otherwise. If a bond is required, the bond protects the estate against mismanagement.

5. Letters of administration

If the court appoints you, it will issue “letters of administration” (or letters testamentary in the case of an executor). Those letters give you authority to collect assets, sign on behalf of the estate, and act as the estate’s representative.

6. Duties of the administrator

1. Collect and secure estate assets (bank accounts, real estate, personal property).
2. Identify and notify creditors; pay valid claims and taxes in the order required by law.
3. Prepare and file inventory and accountings with the probate court as required by Kansas rules.
4. Distribute remaining assets to intestate heirs according to Kansas intestacy rules.
5. Close the estate by filing final accounting and petition for discharge.

7. How Kansas intestate distribution generally works

If your father left no will, Kansas law determines who inherits. Typically:

• If there is a surviving spouse but no descendants, the spouse inherits everything.
• If there is a surviving spouse and descendants who are all descendants of the surviving spouse and decedent, the spouse may inherit everything or a major share depending on facts.
• Where there are children and no spouse, the children inherit in equal shares.
• If there are no close relatives, the estate could pass to more distant relatives or ultimately escheat to the state.

The exact distribution depends on family facts. The probate court will follow Kansas intestacy statutes for the final distribution.

8. Small‑estate alternatives

Kansas provides simplified procedures when the estate has minimal value or when specific assets fall within statutory exemptions. These procedures can avoid full probate in some cases. Check the local probate court rules and statutory provisions for small‑estate procedures.

9. What if someone objects?

If another person objects to your appointment (they claim higher priority, challenge your fitness, or allege misconduct), the court will hold a hearing and decide who should serve. You may want an attorney if a contest is likely.

10. Practical considerations

• Gather documents: death certificate, information about bank accounts, titles, insurance, and debts.
• Talk to other heirs early to see if they will consent to your appointment and waive bond — that can speed the process and reduce cost.
• Expect filing fees and possible publication or notice costs.
• Consider hiring a probate attorney if the estate has complex assets, significant debts, or family disputes.

Statutes and official resources

For the Kansas Probate Code and the specific statutes on administration and intestate succession, consult the Kansas statutes. A helpful starting point is the Kansas statutes chapter for probate matters and the Kansas Judicial Branch probate resources. (Court clerks can also point you to local forms and procedures.)

Relevant statutory resources:

• Kansas statutes (Probate Code / Chapter 59) — official statute collection: https://www.ksrevisor.org/statutes/chapters/ch59/
• Kansas Judicial Branch — probate court information and local court contacts: https://www.kscourts.org/

Helpful Hints

• Start at the county probate clerk’s office — they provide the petition form and filing instructions.
• Get several certified copies of the death certificate early — banks and institutions often require them.
• If heirs agree, ask them to sign a waiver of bond — that saves money and speeds appointment.
• Keep detailed records and receipts; administrators must account for all transactions to the court and heirs.
• Consider a short consultation with a Kansas probate attorney to review the petition and important decisions (bond amount, handling of real estate, creditor deadlines).
• If the estate is small and assets are simple (e.g., only a few bank accounts under certain values), ask the clerk about a small‑estate affidavit or simplified procedure that might avoid a full administration.
• If other family members oppose you, do not try to act unilaterally — seek court appointment before taking control of assets to avoid disputes or claims of interference.