The Importance of Filing a Will for Safekeeping in Kansas and Missouri After Death
Why Filing a Will After Death Matters in Kansas and Missouri
When a loved one passes away, there are many responsibilities that fall to surviving family members—one of the most important being locating and filing the decedent’s Last Will and Testament. In Kansas and Missouri, failing to timely file a will after someone dies can create legal and practical complications that may delay or derail the administration of the estate. Understanding the importance of this process can help ensure that the decedent’s wishes are respected and that the estate is settled efficiently and legally.
Legal Duty to File a Will
In both Kansas and Missouri, anyone in possession of the deceased person’s will is legally required to file it with the probate court after death. This duty exists even if the person who holds the will does not intend to serve as executor or believes probate is unnecessary.
In Kansas, state law (K.S.A. § 59-618a) requires that a will be delivered to the district court of the county where the decedent resided within six months of the date of death. In Missouri, state law (RSMo § 473.050) similarly requires that the will be filed with the appropriate probate court within one year after death.
Failing to file a will within the time prescribed by law can result in the will being barred from probate, which may lead the estate to be treated as if the person died intestate (without a will). This outcome could mean the decedent’s wishes are ignored and the estate is distributed according to default state laws.
Why Timely Filing Matters
1. Ensures the Decedent’s Wishes Are Honored
Filing the will allows the court to validate it and begin the probate process. Probate provides legal authority for the executor to settle the decedent’s debts and distribute their assets according to the terms of the will. Without probate, the will has no legal effect.
2. Protects Against Claims of Wrongdoing
If someone holds onto a will without filing it, they may be accused of attempting to conceal or manipulate the estate. Filing it promptly provides transparency and minimizes potential disputes among heirs.
3. Starts the Probate Clock
The sooner a will is filed, the sooner the probate process can begin. Probate can take several months to complete, so delays in filing can leave heirs and beneficiaries in limbo. Timely filing helps reduce stress and uncertainty for surviving family members.
4. Prevents Distribution Under Intestacy Laws
If a will isn’t filed within the statutory timeframe, the estate may be distributed under the state's default intestacy rules. This may lead to unintended beneficiaries receiving property or exclude individuals the decedent specifically wanted to include.
Final Thoughts
Filing a will for safekeeping with the probate court after someone dies is a legal requirement and an important first step in honoring their final wishes. If you are in possession of a will or are unsure of the proper procedure, it’s wise to consult with a qualified estate attorney in Kansas or Missouri. Prompt action not only fulfills your legal obligations but also helps ensure a smooth and orderly administration of your loved one’s estate.
