Detailed Answer
Initiating estate administration in Kansas requires petitioning the probate court and assembling key documents. Gathering these items before filing saves time and prevents court delays.
Key Documents and Certificates
- Original Last Will and Codicils: Deliver the signed, original will and any codicils to the court when filing a petition for probate (K.S.A. 59-604).
- Certified Death Certificate: Obtain multiple certified copies from the Kansas Department of Health & Environment. Most banks, insurers, and title companies require an official certificate.
- Family Certificates: Provide the decedent’s marriage certificate, children’s birth certificates, and any divorce decrees to establish heirs.
Financial Records
- Bank and Investment Statements: Recent statements for checking, savings, retirement accounts, and brokerage accounts.
- Tax Returns: Federal and state returns for the last 3–5 years help identify assets and liabilities (IRS).
- Insurance Policies: Life insurance declarations and policy details, as well as homeowners’ and auto insurance.
Asset and Liability Documents
- Real Estate Deeds: Recorded deeds for any property owned solely or jointly by the decedent.
- Vehicle Titles: Titles to cars, boats, or recreational vehicles prior to filing.
- Business and Partnership Agreements: Corporate stock certificates, operating agreements, and partnership contracts.
- Loan and Mortgage Statements: Documentation of outstanding debts, including mortgages, personal loans, and credit cards.
Court Filings and Statutes
To open probate, a personal representative must file a petition under K.S.A. 59-606. The court will issue Letters of Administration (K.S.A. 59-608), granting the authority to manage estate assets.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney before taking action.
Helpful Hints
- Request extra death certificates—each institution typically requires its own copy.
- Keep originals safe; deliver them only to authorized court officials.
- Create a checklist of assets and review financial statements for recent transactions.
- Contact institutions early to confirm their probate requirements.
- Organize documents chronologically and by category to streamline the petition process.