Petition to Probate a Will Requirements in Kansas

At a glance

Requirements one by one

Court, venue, and who may file

Kansas probate begins in the District Court, and K.S.A. § 59-2204 requires the filed petition to be set for hearing. Venue under § 59-2203 depends on the decedent's residence and real property. If a Kansas resident owned real property in the residence county, file there. If not, venue may be in the residence county or a county containing the decedent's real property. The first legally commenced Kansas proceeding controls, and a wrong-county file can be transferred.

The petitioner need not be the nominated executor. Section 59-2221 permits any person interested in the estate to petition after the testator's death. The nominee's separate right concerns the later grant of letters.

What the petition and will must contain

Every probate petition must be signed and verified. K.S.A. § 59-2201 and K.S.A. § 59-2202 require the petitioner's identity, interest and right to apply, jurisdictional facts, concise facts supporting relief, and a prayer for relief.

The will petition then layers two lists. Under § 59-2219 it supplies the decedent's residence and death facts, reasonably ascertainable heirs, the general character and probable value of real and personal property, the person for whom letters are requested, and any simplified-administration election. K.S.A. § 59-2220 adds devisees and legatees, the named executor, and the known or reasonably ascertainable scrivener.

The will accompanies the petition if it can be produced. That qualifier matters: a lost or destroyed will is not the ordinary filing route, and its petition must state the will's provisions for the separate § 59-2228 proof process.

Deadline

Kansas has a real probate-petition deadline. K.S.A. § 59-617 says a resident testator's written will does not pass property unless a petition is filed within six months after death, subject to the statutory exception.

K.S.A. § 59-618 addresses knowing withholding. A person with possession, or with knowledge and access for probate, may be liable after knowingly withholding the will beyond six months. An innocent beneficiary who lacked possession, knowledge, and access may petition within 90 days after gaining knowledge and access, subject to the statute's purchaser protection.

Proof of the will

An uncontested self-proved will uses the streamlined route. Section 59-606 says it is admitted without testimony from a subscribing witness.

A will that is not both uncontested and self-proved ordinarily requires at least two subscribing witnesses at the hearing. Section 59-2224 allows their testimony in person, by affidavit, or by deposition. On a proper showing that the subscribing witnesses are unavailable or cannot be found, the court may waive that testimony and receive other proof of capacity, execution, or handwriting.

Notice, hearing, and objections

Admission is not automatically ex parte. The court fixes a hearing. Unless it orders otherwise, K.S.A. § 59-2222(a) invokes K.S.A. § 59-2209(a): notice is published once a week for three consecutive weeks, and within seven days after the first publication the petitioner mails the notice and required papers to each known heir, devisee, and legatee other than the petitioner. The hearing falls 10 to 30 days after the last publication.

The court may order a different notice method, but § 59-2222 still calls for court-directed notice unless it is waived. If all interested heirs, devisees, and legatees give acknowledged written appearances, waive notice, and consent, the court may hold an immediate hearing under § 59-2223. Any heir, devisee, or legatee may prosecute or oppose probate under § 59-2224.

Executor, oath, bond, and letters

Section 59-701 gives the named executor letters if legally competent and willing to accept. Under K.S.A. § 59-702, a minor nominee without majority rights does not immediately qualify, and K.S.A. § 59-706(b) requires a nonresident nominee to appoint the required Kansas agent.

The fiduciary oath is required by § 59-1702. Under K.S.A. § 59-1101, bond ordinarily must be at least 125% of the personal property plus probable annual income from real property. The will may waive bond, as may all devisees and legatees under the statutory conditions, but § 59-1104 lets the court require bond later.

After admitting the will, the court appoints the executor or an administrator with the will annexed and fixes bond if required. The appointee has ten days to qualify before the court may turn to another person. Letters issue after the required oath and bond are filed (§ 59-2227).

What trips people up

The six-month period is a probate deadline, not merely a custodian-delivery rule. Section 59-617 ties the will's effect to filing the probate petition.

A non-self-proved will normally needs two subscribing witnesses. Section 59-2224 does not set a one-witness default. Fallback proof requires the court's proper unavailability or location finding.

A will's bond waiver is not absolute. Section 59-1104 preserves the court's power to require bond on an interested party's application or its own motion.

Common questions

May someone other than the named executor file?

Yes. Any interested person may petition under § 59-2221. The nominated executor's separate entitlement to letters depends on legal competence, acceptance, and qualification.

Does every case require three newspaper publications?

That is the ordinary § 59-2209 route invoked by § 59-2222. The court may order a different method, and all interested parties may use the acknowledged written waiver route for a discretionary immediate hearing.

When do letters testamentary issue?

After the will is admitted, the appointee qualifies, and the required oath and bond are filed. Failure to qualify within ten days lets the court grant letters to someone else (§ 59-2227).

Statutes and sources

• K.S.A. §§ 59-2201 to -2204, 59-2219 to -2224, and 59-2227 to -2228 — petition, venue, hearing, contents, will production, petitioner, notice, proof, appointment, letters, and lost-will boundary. Kansas Revisor Chapter 59, accessed 2026-08-08.
• K.S.A. §§ 59-606, 59-617, and 59-618 — self-proof, six-month deadline, withholding liability, and innocent-beneficiary exception. Kansas Revisor Chapter 59, accessed 2026-08-08.
• K.S.A. §§ 59-701, -702, -706, 59-1101, 59-1104, and 59-1702 — nominee, minor and nonresident rules, oath, and bond. Kansas Revisor Chapter 59, accessed 2026-08-08.