How to Freeze a Decedent’s Bank Accounts in Kansas
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When a decedent’s bank accounts remain accessible and co-heirs refuse to cooperate, Kansas law requires specific court-issued documents to secure or freeze those assets. Below is an overview of the primary steps and required documentation under Kansas estate statutes.
1. Certified Death Certificate
Obtain a certified copy of the decedent’s death certificate from the vital records office. Banks will not act without official proof of death.
2. Letters Testamentary or Letters of Administration
If the decedent left a valid will, you must be appointed Personal Representative and receive Letters Testamentary. If there is no will, you must secure Letters of Administration. File a petition in the county probate court where the decedent resided. Upon approval, the court clerk issues letters confirming your authority.
Statute reference: K.S.A. 59-1501 (Letters of Administration) and K.S.A. 59-1505 (Powers of Personal Representative).
3. Probate Bond (If Required)
The court may require a surety bond to protect heirs against mismanagement. Submit the bond to the court before letters issue. Banks often insist on seeing the bond alongside letters and the death certificate.
4. Small Estate Affidavit (When Applicable)
If the total personal property (excluding real estate) does not exceed $40,000, you may qualify to use the Kansas small estate affidavit process instead of full probate. Prepare and file an Affidavit for Collection of Personal Property of a Small Estate with the clerk.
Statute reference: K.S.A. 59-2005 (Small Estate Affidavit).
5. Ex Parte Appointment of Special Administrator
If urgent action is needed—such as freezing a bank account to prevent dissipation—you may petition ex parte for a Special Administrator. The court can issue limited letters of special administration without waiting for all co-heirs to consent.
Statute reference: K.S.A. 59-711 (Special Administrator Appointment).
6. Bank Submission
Once you hold the required documents, present the bank with the following:
• Certified death certificate
• Original or certified letters (testamentary, administration, or special administration)
• Court-ordered bond (if any)
• Small estate affidavit (if used)
Upon verification, the bank will freeze the decedent’s individual accounts and may convert them to the “Estate of [Decedent Name]” for administration.
Helpful Hints
- Verify estate value to determine eligibility for small estate affidavit.
- Retain extra certified copies of the death certificate.
- Confirm bond requirements with the probate clerk before filing.
- List all known heirs and beneficiaries in your probate petition to avoid delays.
- Label all estate accounts consistently so banks recognize your authority.
- Keep a record of all financial institutions holding the decedent’s assets.
- Consult an attorney if co-heirs file objections or contests.