Court Safekeeping of Original Wills in Kansas
At a glance
| Statutory safekeeping route | Former lifetime probate-court deposit § 59-620 repealed July 1, 1995; cited § 59-621 governs postdeath delivery. |
|---|---|
| Who may deposit | Former lifetime route repealed; postdeath will custodian must deliver (§§ 59-620, -621). |
| Proper court or clerk | Court with jurisdiction receives the deceased testator's will (§ 59-621). |
| Envelope and filing record | Former deposit statute repealed; cited postdeath rule specifies no wrapper or deposit record (§§ 59-620, -621). |
| Fee and receipt | Former deposit statute repealed; cited postdeath rule specifies no safekeeping fee or receipt (§§ 59-620, -621). |
| Custody before death | Former probate-court deposit section repealed (§ 59-620). |
| Retrieval before death | Former probate-court deposit section repealed (§ 59-620). |
| Notice after death | After testator's death, custodian must deliver the will; § 59-621 sets no notice-recipient process. |
| Opening and release after death | Custodian delivers will to court with jurisdiction; refusal after order can trigger contempt and damages (§ 59-621). |
Current court custody procedure
The current official Kansas Revisor page for § 59-620 identifies it as repealed by 1995 chapter 103, section 2, effective July 1. The cited live provision, § 59-621, begins “After the death of a testator” and requires the will's custodian to deliver it to the court with jurisdiction. It does not prescribe a lifetime court deposit.
What trips people up
Older descriptions of § 59-620 can still discuss placing a living person's will with a probate court. That section was repealed in 1995. A person who neglects or refuses to deliver a will after a court order may be held in contempt and be liable for resulting damages under § 59-621.
Common questions
Where must a custodian take the will after death? Section 59-621 says the court with jurisdiction.
Does the current delivery rule specify a sealed wrapper? Section 59-621 directs delivery of the will and does not give wrapper instructions.
Statutes and sources
- Kan. Stat. Ann. §§ 59-620 (repealed) and -621: current official text, quoted with source URLs and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
What does Kansas law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Kansas law apply to your situation, with citations you can check.
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