If someone in Kansas has passed away and left behind property or accounts that need to be managed, you may need to get letters testamentary. These are official court documents that give you the legal authority to act as the executor of the estate. Without them, banks, title companies, and other institutions won’t let you access or transfer assets even if you’re named in the will.

What exactly are letters testamentary in Kansas?

Letters testamentary are not a letter in the traditional sense. They’re a one-page certificate issued by the probate court that confirms you’ve been appointed to handle the deceased person’s affairs. You’ll need this if you’re named as executor in a valid will. If there’s no will, the court issues something similar called “letters of administration.”

You can read more about what these documents do and how they differ in our breakdown of what letters testamentary mean in Kansas.

When do you actually need to apply for them?

You only need letters testamentary if the estate must go through probate. Not every estate does. For example, if everything was jointly owned or had designated beneficiaries (like life insurance or retirement accounts), probate might be avoidable. But if there’s real estate, bank accounts without joint owners, or personal property solely in the deceased’s name, you’ll likely need to open a probate case and request these letters.

Small estates under $40,000 may qualify for a simplified affidavit process instead but that doesn’t include real estate.

How do you start the process in Kansas?

First, file a petition with the district court in the county where the deceased lived. You’ll need to submit the original will (if there is one), a certified death certificate, and a list of known heirs. The court clerk can provide the right forms, or you can find guidance on what paperwork the Kansas probate court requires.

Once the petition is filed, the court schedules a hearing. Notice must be sent to all heirs and interested parties even those not named in the will. If no one objects, the judge will sign an order admitting the will (if valid) and appointing you as executor. Only then will the court clerk issue the actual letters.

What trips people up during the application?

  • Not notifying all heirs. Even if someone is disinherited, Kansas law requires they receive notice. Skipping this step can delay or derail your appointment.
  • Filing in the wrong county. Probate must be opened where the person lived at death not where you live or where property is located.
  • Assuming the will is enough. A will alone doesn’t give you authority. You still need court approval and the official letters to act.
  • Waiting too long. While there’s no strict deadline to file, delays can cause problems like frozen accounts or missed tax filings.

What happens after you get the letters?

With the letters in hand, you can open an estate bank account, sell property, pay debts, and eventually distribute what’s left to beneficiaries. Keep detailed records you’ll need to file an inventory and accounting with the court later. If things get complicated (disputes, taxes, real estate sales), consider talking to a local probate attorney. The Kansas Judicial Branch website also offers free forms and basic instructions.

For a full walkthrough of each form and filing step, check out our guide to the application process for letters testamentary in Kansas.

Can you handle this without a lawyer?

Yes, many people do especially if the estate is straightforward and everyone gets along. But if there’s disagreement among heirs, unclear assets, or tax issues, professional help saves time and reduces risk. Kansas doesn’t require an attorney for probate, but court staff can’t give legal advice.

If you’re unsure where to start or what comes next after getting your letters, our overview of estate administration in Kansas walks through the executor’s responsibilities step by step.

Next steps checklist:

  • Locate the original will and death certificate.
  • Make a list of assets and heirs.
  • Visit the district court in the correct county to file your petition.
  • Send required notices to all interested parties.
  • Attend the hearing and request issuance of letters testamentary.
  • Open an estate account and begin managing assets don’t mix personal and estate funds.