Letters Testamentary in Kansas

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.

The executor named in the will receives letters if legally competent and willing to serve; otherwise an administrator is appointed. A nonresident can serve but must first appoint in writing an agent who lives in the county where the case is filed, for service of legal papers. Every fiduciary must post bond of at least 125% of the personal property plus probable annual income from real estate, unless the will waives bond, all heirs or beneficiaries waive it in writing, or the fiduciary is a Kansas bank or trust company; the court can still require bond.