Court Safekeeping of Original Wills in Kansas

Short answer Kansas repealed its former probate-court will-deposit statute, K.S.A. 59-620, effective July 1, 1995. The cited current rule instead requires a person holding a deceased testator's will to deliver it to the court with jurisdiction. A holder who disobeys a delivery order may face contempt and damages.
State
Kansas
Statute checked
October 5, 2026
Sources
2 statutes

At a glance

Statutory safekeeping routeFormer lifetime probate-court deposit § 59-620 repealed July 1, 1995; cited § 59-621 governs postdeath delivery.
Who may depositFormer lifetime route repealed; postdeath will custodian must deliver (§§ 59-620, -621).
Proper court or clerkCourt with jurisdiction receives the deceased testator's will (§ 59-621).
Envelope and filing recordFormer deposit statute repealed; cited postdeath rule specifies no wrapper or deposit record (§§ 59-620, -621).
Fee and receiptFormer deposit statute repealed; cited postdeath rule specifies no safekeeping fee or receipt (§§ 59-620, -621).
Custody before deathFormer probate-court deposit section repealed (§ 59-620).
Retrieval before deathFormer probate-court deposit section repealed (§ 59-620).
Notice after deathAfter testator's death, custodian must deliver the will; § 59-621 sets no notice-recipient process.
Opening and release after deathCustodian 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The current official Kansas Revisor page for § 59-620 identifies it as repealed by 1995 chapter 103, section 2, effective July 1.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 That section was repealed in 1995.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 §§ 59-620 (repealed) and -621: current official text, quoted with source URLs and access dates above.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.

Kan. Stat. Ann. § 59-620 (repealed) · accessed 2026-10-05
Kan. Stat. Ann. § 59-621 · accessed 2026-10-05
This page summarizes statutes governing court or clerk custody of wills, not advice about a particular will. Filing for safekeeping does not itself establish validity or admission to probate. Check current official law and the receiving court's authorized procedure before acting.

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