Kansas Statutes Annotated

K.S.A. § 59-621 (2026)

Duty of custodian; liability

✓ current as of May 2026

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59-621. Duty of custodian; liability. After the death of a testator the person having custody of the testator's will shall deliver it to the court which has jurisdiction thereof. Every person who willfully neglects or refuses to deliver a will after being duly ordered to do so shall be guilty of contempt of court. Such person shall be further liable to any party aggrieved for the damages which may be sustained by such neglect or refusal.

History: L. 1939, ch. 180, § 57; July 1.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2013–2022 · leading case: In re Est. of Oroke, 445 P.3d 742 (Kan. 2019).

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In re Est. of Oroke, 445 P.3d 742 (Kan. 2019). · cites it 2× “K.S.A. 59-621 provides that a person having custody of a will "shall deliver it to the court which has jurisdiction thereof.”

In re Stockwell, 295 P.3d 572 (Kan. 2013). “Petitioners have a duty to present the decedent’s Will to the Court within six months of decedent’s death under K.S.A. 59-621, and K.S.A. [59]-618 provides for penalties for withholding a will.”

In re Est. of Lessley, 506 P.3d 942 (Kan. Ct. App. 2022). “59-618, K.S.A. 59-621, and K.S.A. 59- 2220 should be read together in workable harmony.”

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