Detailed Answer

When someone dies in Kansas, legal title and authority to act for the estate normally flow only to the person the court appoints as personal representative (executor or administrator). Until the court issues letters of administration or testamentary letters, no private party has full legal authority to collect, inventory, or distribute estate assets. For the Kansas probate framework, see the Kansas Probate Code (Chapter 59): https://www.ksrevisor.org/statutes/chapters/ch59/.

That general rule creates two practical problems: (1) property at the decedent’s house can be vulnerable to removal or damage, and (2) family members may take items before a personal representative is appointed. Below are practical, lawful steps you can take now to protect the house and its contents and to increase the chance that a court will quickly grant you authority to act.

Immediate steps you can take right away

1. Document the scene immediately. Walk through the house with a camera or smartphone and make a full photo and video record of each room, closets, drawers, safes, garages, and outbuildings. Capture close-ups of valuables (jewelry, artwork, firearms, electronics) and IDs, titles, and important papers. Note timestamps and back up copies to the cloud and an external drive.
2. Create a written inventory and witness log. List major items and areas where they are located. When possible, have a neutral witness (friend, neighbor, or local law enforcement) watch the recording or sign a short affidavit saying they observed the condition at a certain date and time.
3. Secure small, high-value items. If you have lawful access (you are authorized to enter the home and you are not evicting anyone), move easily-transportable valuables into a locked container or a bank safe-deposit box. Keep a chain of custody log of who handled the items and when.
4. Limit access to the property. If the home is vacant and you can legally change locks, consider rekeying or boarding up doors and windows. If relatives live in the home or have legal rights to possession, changing locks can create conflict and possible legal exposure; document your reasons and consult counsel before excluding an occupant.
5. Post a notice on the property. Place a conspicuous notice on the front door stating that the property is part of an estate and that removal of items is prohibited without court authorization. Keep a dated photo of the posted notice.
6. Send written notices to siblings and potential heirs. Email and send a certified letter (return receipt requested) to family members asking them not to remove property and informing them that you intend to seek appointment as the personal representative. Keep copies of all communications.
7. Contact local law enforcement if someone is actively taking items. If you witness theft or know someone is removing property without permission, call police and provide your documentation. Law enforcement can sometimes intervene in clear theft situations while probate issues are pending.

Start the probate process as soon as possible

Speeding up formal appointment of a personal representative is the most effective long-term protection. Typical steps:

• Obtain several certified copies of the death certificate.
• Locate any will. If the decedent left a will that names an executor, that person may be able to get appointed faster.
• File a petition for appointment with the district court in the county where the decedent resided. The court issues letters that give the personal representative authority to inventory, secure, and manage assets.
• Provide the court with a proposed inventory and ask for an expedited hearing if there is a real risk property will be removed or destroyed.

Contact the district court clerk in the decedent’s county to learn filing requirements and local forms. The Kansas Judicial Branch has general court information at https://www.kscourts.org/.

Emergency legal tools available in Kansas

If property is at immediate risk (for example, a relative is actively removing high-value items), two common emergency court actions may help:

• Petition for expedited appointment of a temporary administrator or the letters of administration. The court can appoint someone on an emergency timeline to preserve the estate.
• Seek injunctive relief or an order to preserve property. Kansas courts have equitable powers to order parties to preserve assets while the probate action proceeds.

An experienced probate attorney can prepare and file the necessary emergency papers and explain local practices. For general statutory guidance, see the Kansas Probate Code (Chapter 59) here: https://www.ksrevisor.org/statutes/chapters/ch59/.

What to avoid

• Do not remove or destroy items that you do not have clear authority to take — that can create criminal or civil liability.
• Avoid physical confrontations. If someone opposes your actions, document the interaction and seek court intervention.
• Don’t alter locks or restrict access if other people have a lawful right to occupy the home without first consulting an attorney.

Practical example (hypothetical facts)

Suppose a decedent dies intestate in Wichita, leaving three adult children. One sibling begins removing antique furniture the next day. The sibling who wants to preserve the estate should:

1. Take time-stamped photos and video of the furniture and the person removing it.
2. Send a certified letter to siblings asking that nothing be removed.
3. Contact local police and show documentation of removal in progress.
4. File an expedited petition for appointment in the Sedgwick County District Court requesting immediate letters and an order preventing disposition of estate property until appointment.

If the court issues letters to the petitioner, that person then has court-backed authority to inventory, secure, and, if necessary, recover estate property.

When to call an attorney

Call a probate attorney if:

• People are taking property right now.
• There are high-value or easily-transportable assets (jewelry, firearms, large sums of cash).
• The decedent owned multiple properties, businesses, or had complex financial accounts.

Helpful Hints

• Keep a single secure backup of all photos, videos, and inventories in the cloud and on an external drive.
• Date and sign every inventory page; note who helped you and any witnesses.
• Obtain certified copies of the death certificate early — courts often require them to open probate files.
• Document all communications with siblings: save texts, emails, letters, and call logs.
• If you remove small valuables for safekeeping, log where you put them and notify the court and heirs once you have authority to act.
• When in doubt, don’t escalate. Document, secure, and use the court process to resolve disputes.
• Ask the court for an inventory deadline once appointed — Kansas probate procedures require the personal representative to inventory estate assets soon after appointment (see Kansas Probate Code, Chapter 59: https://www.ksrevisor.org/statutes/chapters/ch59/).