Q: Can beneficiaries get copies of the will before it's filed in probate? Executor does not communicate with others.
There are four beneficiaries to mother's will (she passed approximately 3 months ago). The executor has not contacted/responded to any of the beneficiaries. The financial advisor for deceased parent refuses to give a copy to any beneficiaries, stating that we should get it from executor. How can beneficiaries obtain a copy of the will before it is filed in probate?
A: In Kansas, whoever is in possession of the Will must record it in Court and send copies to the named beneficiaries and certain family members within six months from the date of death. The controlling statues is pasted below. If he or she fails to file the Will within six months, there can be significant consequences under Kansas law. I'd encourage you to speak with an attorney to see if there is anything you can do in your particular situation. Good luck!
K.S.A 59-618a. Filing of certain wills in court; affidavit; admission to probate. (a) Any person possessing a decedent's will may file in the district court of the county of the decedent's last residence the decedent's will and an affidavit which complies with subsection (b).
(b) An affidavit filed pursuant to this section shall state: (1) The name, residence address and date and place of death of the decedent; (2) the names, addresses and relationships of all the decedent's heirs, legatees and devisees which are known to the affiant after a diligent search and inquiry; (3) the name and address of any trustee of any trust established under the will; (4) that the will is being filed with the district court for the purpose of preserving it for record in the event that probate proceedings are later required; and (5) that a copy of the affidavit and will has been mailed to each heir, legatee and devisee named in the affidavit.
(c) Any will filed pursuant to this section within a period of six months after the death of the testator may be admitted to probate after such six-month period.
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