Petition for Probate of Will and Issuance of Letters Testamentary - Kansas

PETITION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY

IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees, Legatees, and Heirs at Law
7. Nomination and Priority of Executor
8. Bond / Security
9. Prayer for Relief
10. Verification
11. Notice and Certificate of Service
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Case No.: [____________________________________]

Hearing Date: [__/__/____] Time: [____] Div.: [____]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Residence and Address: [STREET ADDRESS], [CITY], Kansas [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is the Executor named in the Last Will and Testament of the Decedent and is an interested person petitioning under K.S.A. § 59-2220.

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. ☐ The Decedent was a resident of [COUNTY] County, Kansas, at the time of death and owned an interest in real property in such county, establishing venue under K.S.A. § 59-2203.

c. ☐ The Decedent resided in [COUNTY] County but owned no real property there; venue is proper in the county of residence or in any county where the Decedent owned an interest in real property (K.S.A. § 59-2203).

d. ☐ The Decedent was a nonresident; the Decedent left estate to be administered in [COUNTY] County, Kansas (K.S.A. §§ 59-2203, 59-805).

e. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] (and codicil(s) dated [__/__/____], if any).

f. ☐ This Petition is filed within six (6) months after the death of the Decedent (K.S.A. § 59-617).

5. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament of the Decedent, dated [__/__/____], accompanies this Petition (K.S.A. § 59-2220).

b. Execution and witnesses. The Will was in writing, signed at the end by the Decedent (or by another in the Decedent's presence and at the Decedent's express direction), and attested and subscribed in the Decedent's presence by two or more competent witnesses, in compliance with K.S.A. § 59-606. The attesting witnesses are:

c. Self-proving status:
☐ The Will is self-proved by the acknowledgment of the Decedent and the affidavits of the attesting witnesses under K.S.A. § 59-606 and, unless contested, may be admitted to probate without the testimony of any subscribing witness.
☐ The Will is not self-proved; proof of execution will be made by the testimony of one or more subscribing witnesses (K.S.A. § 59-2224).

d. Scrivener of the will (K.S.A. § 59-2220(c)): [NAME AND ADDRESS, if known].

e. ☐ The surviving spouse has executed a consent to the Will, which accompanies this Petition (K.S.A. § 59-2220).

f. To the best of Petitioner's knowledge and belief, the Will has not been revoked and is the last Will of the Decedent.

6. DEVISEES, LEGATEES, AND HEIRS AT LAW

Devisees and Legatees under the Will (K.S.A. § 59-2220(a)):

Heirs at Law (persons who would take under intestate succession, K.S.A. § 59-2219(2)):

☐ Decedent had a surviving spouse: [NAME].

7. NOMINATION AND PRIORITY OF EXECUTOR

a. The Will names [EXECUTOR FULL LEGAL NAME], whose residence and address are [________________________________], as Executor (K.S.A. § 59-2220(b)).

b. It is the duty and right of the person named as executor to petition for probate of the Will (see In re Estate of Harper, 202 Kan. 150). Petitioner so named is qualified and not disqualified to serve.

c. Letters are prayed for in favor of: [NAME], whose residence and address are [________________________________] (K.S.A. § 59-2219(4)).

d. ☐ Administration is not sought under the Kansas Simplified Estates Act.
☐ Administration is sought under the Kansas Simplified Estates Act (K.S.A. § 59-3201 et seq.), for the following reason(s): [________________________________] (K.S.A. § 59-2219(5)).

8. BOND / SECURITY

a. General character and probable value of the estate (K.S.A. § 59-2219(3)):

b. Bond:
☐ The Will directs that the Executor serve without bond; Petitioner requests waiver of bond accordingly.
☐ The Will does not waive bond. Pursuant to K.S.A. § 59-1101, Petitioner will furnish bond with sufficient sureties in an amount fixed by the Court, not less than 125% of the value of the personal property plus the probable annual income from real estate coming into the Executor's possession.

c. Estimated amount of bond (if required): $[________________]

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a. Fix the time and place for hearing on this Petition and order that notice be given as provided by law (K.S.A. §§ 59-2222, 59-2209);

b. Admit the Last Will and Testament of the Decedent dated [__/__/____] (and any codicil) to probate;

c. Find that the Decedent died testate and that the Will was duly executed;

d. Appoint Petitioner as Executor of the estate;

e. Order the issuance of Letters Testamentary to Petitioner upon qualification and the filing of any required oath and bond;

f. Fix bond in an appropriate amount, or waive bond as directed by the Will;

g. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], of lawful age, being first duly sworn upon oath, state that I am the Petitioner herein; that I have read the foregoing Petition; and that the statements and allegations therein are true and correct to the best of my knowledge, information, and belief.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Subscribed and sworn to before me on [__/__/____].

Notary Public: ______________________________________ My appointment expires: [__/__/____]

11. NOTICE AND CERTIFICATE OF SERVICE

Notice of Hearing (K.S.A. § 59-2222): Upon the filing of this Petition, the Court shall fix the time and place for hearing. Notice of the hearing shall be given pursuant to K.S.A. § 59-2209 unless the Court orders otherwise.

☐ Notice of hearing given pursuant to K.S.A. § 59-2209 (by publication and/or mailing as ordered).
☐ Notice to surviving spouse mailed within 10 days of the qualification of the Executor / filing of this Petition, stating that under K.S.A. §§ 59-6a201 through 59-6a217 the spouse may have a right to a share of the Decedent's property (K.S.A. § 59-2233). Proof by affidavit filed with the Court.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Kansas Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

ATTACHMENTS CHECKLIST:

☐ Original Last Will and Testament (and any codicil) (K.S.A. § 59-2220)
☐ Self-proving affidavit (K.S.A. § 59-606), if the Will is self-proved
☐ Consent of surviving spouse, if executed (K.S.A. § 59-2220)
☐ Certified copy of Death Certificate
☐ Bond or request for waiver (K.S.A. § 59-1101)
☐ Oath of Executor
☐ Affidavit of notice to surviving spouse (K.S.A. § 59-2233)
☐ Proposed Order Admitting Will to Probate / Order for Probate of Will
☐ Proposed Letters Testamentary
☐ Filing fee payment

SOURCES AND REFERENCES

• Kansas Probate Code, K.S.A. ch. 59: https://ksrevisor.gov/statutes/ksa_ch59.html
• K.S.A. § 59-2219 (Contents of petition for administration)
• K.S.A. § 59-2220 (Contents of petition for probate of will)
• K.S.A. § 59-2203 (Venue)
• K.S.A. § 59-606 (Execution and attestation; self-proved wills)
• K.S.A. § 59-2222 (Notice of hearing; contents)
• K.S.A. § 59-2233 (Notice to surviving spouse)
• K.S.A. § 59-1101 (Bond of fiduciary)
• Kansas Judicial Council probate forms: https://www.kjc.ks.gov/legal-forms/probate