Q: In Kansas how long can a probate case be opened.

A: Normally, a probate case should be completed within about nine months. If there are legitimate needs, the court may extend the authority of the executor or administrator, but that should be formalized with a petition for additional time and an order authorizing it. There is not an absolute limit as to the length of time a probate case may be open.

If the question relates to how long after the death of an individual may an estate be opened for the first time, the answer depends upon whether the interested party is a creditor, a legatee or devisee of a known will, a legatee or devisee of a discovered will, or an heir. For a creditor, the limit to open an estate so that the creditor may be paid from the assets of the estate is six months. If a tort involving the decedent occurred and the statute of limitations has not passed, the time in which such a claim could affect estate property may extend beyond six months. If a legatee or devisee of a will that is known to him or her fails to file the will within six months of the date of death, the provisions of the will benefitting those beneficiaries with such knowledge will no longer be enforceable. If a legatee or devisee of a will learns of the existence of a will after six months have passed from the date of death, the legatee or devisee must file such a will within ninety days of learning of its existence. As for the heirs of the decedent, there is not a specific deadline for filing of a probate estate. As a practical matter, a determination of descent--filed six months or more after the date of death--may be a better way of documenting the transfer of the property of the estate to the heirs at law as of the date of death. An estate would only be opened more than six months after the date of death if there were some power that was needed for which an executor or administrator would need to be appointed.