1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingKansas Department of Health and Environment, Office of Vital Statistics
Kansas death certificates are issued BY THE STATE, not by the county. Kansas registers deaths centrally through its electronic death registration system, so a Grant County family orders from the KDHE Office of Vital Statistics in Topeka: in person, by regular or priority mail, online or by telephone through VitalChek, or through the state's iKan app. The district court does not issue death certificates and neither does the county.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
KANSAS PUTS THE DEADLINE ON PROBATING THE WILL, NOT ON HANDING IT OVER, AND IT IS SIX MONTHS. No will of a person who died a Kansas resident passes property unless a petition for its probate is filed within six months after the death (K.S.A. 59-617). Anyone who has the will, or knows of it and can get it for probate, and knowingly withholds it from the district court for more than six months after the death is liable for reasonable attorney fees, costs and all damages suffered by beneficiaries who did not know of it (K.S.A. 59-618). That is civil liability; the section names no crime. A will or a copy may instead be filed with the statutory affidavit in the district court of the decedent's last residence, and if that is done within six months of the death it may be admitted to probate later; the docket fee for that filing is $48.50 (K.S.A. 59-618a). There is no deadline expressed in DAYS, which is why the day count is recorded as 0 rather than converted. (K.S.A. 59-617, 59-618 and 59-618a)
Creditor claim window
Creditors generally have 4 months from the date of first publication of the notice to creditors to bring claims against the estate. (K.S.A. 59-2239, 59-2236 and 59-709)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Kansas small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Not a court proceeding and not filed with the district court. Where the total assets of the estate SUBJECT TO PROBATE do not exceed $75,000 in value, a successor gives a signed affidavit to whoever holds the decedent's personal property and the holder transfers it. TWO THINGS ARE TRUE AT ONCE AND BOTH MATTER: real estate subject to probate COUNTS toward the $75,000 measure, and the affidavit CANNOT transfer real estate. There is no waiting period, so the affidavit can be used immediately after the death.
- The decedent died a Kansas resident, with or without a will
- The total assets of the estate subject to probate do not exceed $75,000 in value
- The claimant is a successor: entitled by will or intestate succession, or nominated as personal representative in the will
- The affidavit substantially complies with the form set by the Kansas Judicial Council, published as "Small Estates Affidavit (02-2024)"
- Qualifies:
- $75,000
- Typical duration:
- Immediate; no waiting period and no court filing
- Attorney:
- not required by law, though many families use one
No docket fee, because the affidavit never reaches the court. The Kansas Department of Revenue publishes its own version for vehicle work as form TR-83b, whose printed heading independently corroborates the $75,000 figure from a second official Kansas host.
The ordinary Kansas route. A petition to admit the will to probate, or for administration where there is no will, is filed with the clerk of the Grant County District Court. The court appoints an executor or administrator and issues letters. The personal representative publishes notice to creditors within 30 days of filing the petition, files an inventory and valuation within 30 days of the letters, gives actual notice to known creditors, pays allowed demands in the K.S.A. 59-1301 order, and closes on a petition and notice of final settlement. K.S.A. 59-1501 gives nine months from appointment to settle, extendable by the court for cause.
- File in the district court of the county where the decedent resided (K.S.A. 59-2203)
- File the petition to probate a will within six months of the death, or the will does not pass property (K.S.A. 59-617)
- Mail the elective-share notice to the surviving spouse within 10 days of qualification (K.S.A. 59-2233)
- Publish notice to creditors within 30 days of filing the petition, once a week for three consecutive weeks (K.S.A. 59-709)
- File the inventory and valuation within 30 days of the letters of appointment (K.S.A. 59-1201)
- Qualifies:
- No dollar threshold
- Typical duration:
- 6 to 12 months
- Attorney:
- not required by law, though many families use one
The $109.50 is the statewide statutory docket fee of K.S.A. 59-104(a)(1). The supreme court may add up to $22 per docket fee on and after July 1, 2026, so the counter total may be higher. Publication of the creditor notice is billed separately by the newspaper.
K.S.A. 59-3201 through 59-3206 let the district court administer an estate without supervising it. At the hearing on the petition the court decides whether the estate is administered as a simplified estate or a supervised estate, weighing the size of the estate, the kinship of the heirs and devisees, solvency, the nature of the estate, the wishes of the heirs and devisees and the probable cost of administration. Under a simplified estate no notice of the representative's actions is given except notice of final settlement, and the letters say on their face that they issue under the act.
- Ask for administration under the Kansas simplified estates act in the petition
- The court determines simplified or supervised at the hearing (K.S.A. 59-3202)
- The published notice must warn that the court need not supervise the administration and that written objections may cause the court to order supervision (K.S.A. 59-2222(b))
- Qualifies:
- No dollar threshold; the court decides
- Typical duration:
- 6 to 12 months
- Attorney:
- not required by law, though many families use one
Simplified administration removes court supervision, not the four-month creditor bar or the nine-month settlement period, so it saves hearings rather than months. It is opened on the same $109.50 docket fee.
A discretionary court order rather than an administration. On a petition the district court may refuse to grant letters where the estate will be exhausted by the exempt property and the K.S.A. 59-403 allowance to the surviving spouse and minor children, or, on the $75,000 ground, where the real and personal estate does not exceed $75,000, the K.S.A. 59-403 allowances do not apply or are waived, and the petitioning heir, devisee, legatee, creditor or other interested person gives bond for at least the value of the estate. This route MEASURES REAL ESTATE, unlike the small estates affidavit.
- File a petition for refusal of letters in the district court
- Where the surviving spouse or minor children petition, give notice under K.S.A. 59-2222
- On the $75,000 ground, give bond of not less than the value of the estate, conditioned on paying the decedent's debts in order of preference and distributing the balance
- Qualifies:
- $75,000
- Typical duration:
- 1 to 3 months
- Attorney:
- not required by law, though many families use one
The $75,000 figures in K.S.A. 59-2287(a)(2) and (b) were set by L. 2023, ch. 77, sec. 11, effective July 1, 2023; both were $50,000 before that act. This is a separate route from the K.S.A. 59-1507b affidavit and not a tier of it, even though the two now carry the same number.
The ordinary Kansas way to clear title to real estate when nobody opened a probate. Once the decedent has been dead more than six months, no will has been filed under K.S.A. 59-618a within six months, and no petition for probate or administration has been filed, any person interested in the estate or claiming an interest in the property may petition the district court of the county of residence or of any county where property lies. The court assigns the property to the persons entitled at the date of death under the intestate succession law in effect on that date, or under a valid settlement agreement.
- Wait until the decedent has been dead more than six months (K.S.A. 59-2250)
- Confirm no will was filed under K.S.A. 59-618a within six months and no probate or administration petition has been filed
- Give notice under K.S.A. 59-2209 where title to real estate is to be assigned
- Qualifies:
- No dollar threshold; more than six months after the death
- Typical duration:
- 1 to 3 months after the six-month wait
- Attorney:
- not required by law, though many families use one
The decree is recorded with the Grant County register of deeds to put the title of record in the heirs' names.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
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