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If the decedent’s house is titled solely in your mother’s name, you generally cannot sell it using Kansas’s small‑estate collection tools for personal property. To sell real estate you usually need authority from a court (appointment as personal representative/executor) or another valid transfer method (joint tenancy, transfer‑on‑death deed, beneficiary deed, etc.). When you open a formal administration in Kansas, the estate’s personal representative normally must publish notice to creditors and allow at least three months for claims — see Kansas Probate Code, Chapter 59: https://www.ksrevisor.org/statutes/chapters/ch59/.

Detailed answer — what Kansas law means in plain language

Start from two basic points:

1. Kansas has simplified procedures (often called small‑estate affidavits or summary procedures) that help people collect certain personal property of a deceased person without full probate. Those procedures are designed for tangible personal property and certain accounts and have statutory dollar limits and strict rules. They generally do not transfer real estate.
2. Real property (a house or land) that is titled only in the decedent’s name usually requires probate authority for a sale. That authority normally comes from appointing a personal representative (executor/administrator) through the probate court. Once appointed, the personal representative administers the estate under the Kansas Probate Code (Chapter 59).

Because the sale of a house usually requires estate administration, the creditor‑notice rules that apply to probate administrations will usually apply before or while you sell. Under Kansas probate law the personal representative must give notice to creditors and allow time for claims. The statutory framework for probate and creditor notice is found in Kansas Probate Code, Chapter 59: https://www.ksrevisor.org/statutes/chapters/ch59/. In practice, that means:

• When you open a formal administration, the court will require notice to known creditors and a published notice. The published notice gives creditors a period (commonly three months measured from first publication) to present claims. That gives creditors time to file suit on unpaid debts against the estate.
• Until you have court authority as personal representative you lack the unilateral legal authority to sell real property that is solely in the decedent’s name. Some courts will authorize an early sale if the representative gets interim or specific court permission (for example to avoid loss to the property or pay mortgage obligations), but that normally requires a court filing and hearing.

Common exceptions and alternatives

• If the house was owned as joint tenants with right of survivorship (or similar joint ownership), the surviving joint owner may own the property automatically and can sell it without probate.
• If the decedent recorded a transfer‑on‑death (TOD) or beneficiary deed that names a transferee, the deed may pass title outside probate and allow transfer or sale by the named beneficiary. Check the county recorder’s records.
• If the estate is extremely small and the house was not part of the estate (for example is already owned by someone else or was encumbered in a way that prevents sale), the small‑estate procedures for personal property may be enough — but they still do not generally clear title to real estate for sale.
• In urgent situations (imminent foreclosure, tax sale, dangerous property conditions), a court can authorize an expedited sale or mortgage payment before the normal creditor period ends. This requires a petition and judge’s order.

Practical steps to take

1. Check title and deed: obtain the recorded deed at the county recorder to see how title is held (sole name, joint tenancy, TOD deed, etc.).
2. Collect documents: death certificate, mortgage statements, tax bills, homeowner’s insurance, will (if any), and bank account and creditor information.
3. Contact the county probate court clerk: ask about opening an administration, summary procedures, and local forms/procedures. The Kansas Probate Code (Chapter 59) governs these matters: https://www.ksrevisor.org/statutes/chapters/ch59/.
4. Decide whether to use small‑estate collection procedures or open formal administration. If the asset you need to transfer is real property, you will likely need formal probate or a court order.
5. If you open formal administration, expect to publish notice to creditors and allow the statutory period (commonly three months from publication) for claims before final distributions. You may still get court permission for an earlier sale if necessary — discuss this with counsel or the court clerk.
6. Consult a probate attorney: because the rules about selling real estate, creditor notice, and interim court orders are technical and county procedures vary, an attorney can advise whether you need to open probate and whether you can seek a court order to sell sooner.

Helpful statutory resource

Kansas Probate Code (Chapter 59) is the controlling statutory source for probate administration and related notice obligations: https://www.ksrevisor.org/statutes/chapters/ch59/. For local forms and filing procedures, contact the probate clerk in the county where your mother lived.

Helpful Hints

• Do not sign documents transferring real property until you confirm your legal authority to act.
• Look for a transfer‑on‑death (TOD) or beneficiary deed recorded in the county recorder’s office — that can avoid probate for the house.
• Keep a list of known creditors and bills (mortgage, property taxes, utilities); notify them of the death and keep records of communications.
• If foreclosure or tax sale is looming, contact the county and the mortgage holder immediately and ask the court about emergency relief; courts sometimes allow a short, supervised sale or payment plan.
• When you publish notice to creditors, keep proof of publication and dates — those dates control the claims deadline.
• Ask the probate clerk whether your county has simplified forms or an information packet for small estates — that will save time and clarify dollar limits and procedures.