K.S.A. » Chapter 59
Kansas Statutes Annotated

K.S.A. § 59-2228 (2026)

Hearing for probate of lost will

✓ current as of May 2026
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59-2228. Hearing for probate of lost will. A lost or destroyed will may be established if its provisions are clearly and distinctly proved. When such will is established the provisions thereof shall be distinctly stated, certified by the court, and filed and recorded. Letters shall issue thereon as in the case of other wills.

History: L. 1939, ch. 180, § 204; L. 1976, ch. 245, § 1; July 1.

Notes of Decisions
Cited in 5 cases, 1979–2020 · leading case: In Re the Est. of Mettee, 694 P.2d 1325 (Kan. Ct. App. 1985).
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In Re the Est. of Mettee, 694 P.2d 1325 (Kan. Ct. App. 1985). · cites it 4× “Second, appellant here confuses two separate concepts. Proving that a will is revoked and establishing a lost will are different issues.”
Estates of Thompson v. Lane, 601 P.2d 1105 (Kan. 1979). “There was considerable doubt whether the copy of the will would be admitted to probate as a lost will under the procedure set out in K.S.A. 59-2228. Where the facts disclose that a will, duly executed, was in the possession of the testator for some time immediately prior to his…”
In re the Est. of Day, 753 P.2d 1296 (Kan. Ct. App. 1988). · cites it 4× “2d, Wills § 1004 states that proof of a codicil establishes a will if the codicil clearly and unmistakably refers to the will.”
In re Est. of Boone (Kan. Ct. App. 2020). · cites it 9× “) Here, no one argued that Nancy made an oral will; the focus was on the will Yarnevich drafted and unsigned copies of the will that Nancy gave to Amy and Terry.”
In re the Est. of Kasper, 887 P.2d 702 (Kan. Ct. App. 1994). · cites it 3× “Consequently, on May 7, 1993, Louis and John filed a petition for probate of a lost will, pursuant to K.S.A. 59-2228. On June 1,1993, Mahoney filed written defenses to the petition for probate of a lost will and for letters testamentary.”
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