Executor Duties in Kansas

Notice to creditors is published with the notice of the probate or administration petition and mailed to known creditors; creditors must present claims within four months after the first published notice or be barred. Within 30 days after letters of appointment (unless the court allows more time), the personal representative files a verified inventory and valuation of the decedent's Kansas real estate and tangible personal property and all intangible property. After paying claims, the representative petitions for final settlement with an accounting, the names and addresses of heirs and beneficiaries, a description of real estate, and a statement about any Medicaid paid for the decedent or a predeceased spouse; the court then approves the account and enters a decree assigning the estate.

Letters are issued by the district court. A petition for probate of the will (generally within six months after death for the will to pass property) or for administration is filed in the county of the decedent's residence, listing heirs, beneficiaries and the general value of the estate. The named executor receives letters testamentary if competent and willing; otherwise letters of administration go to an administrator. A nonresident must first appoint a resident agent in the county for service. Bond of at least 125% of the personal property plus probable annual real estate income is required unless waived by the will or all heirs or beneficiaries, or the fiduciary is a Kansas bank or trust company. The court may also allow administration under the simplified estates act.

Claims must be presented within four months after the first publication of the notice to creditors or, for known or reasonably ascertainable creditors, within 30 days after they receive actual notice, whichever is later. Creditors generally lose their claims against the decedent's property (other than existing liens) unless a probate or administration petition is filed within six months after the death. Tort claims covered by the usual statute of limitations are treated separately.