FAQ — Transferring Real Property After a Decedent Dies Without a Will

Short answer: If your parent owned the house solely and died intestate (without a will) in Kansas, the property typically passes through probate under Kansas intestacy rules. A court-appointed personal representative (administrator) will handle the estate, pay valid creditors, and transfer title to the heirs. If the property was held in joint tenancy, as a trust asset, or is small enough to qualify for a simplified transfer procedure, it may pass without full probate.

Detailed answer — Step-by-step under Kansas law

1. Confirm ownership and any non-probate transfer mechanisms

• Obtain a certified copy of the death certificate.
• Find the deed to the house at the county Register of Deeds or through your parent’s records. Look for words like “joint tenants with right of survivorship,” “tenants by the entirety,” or a living trust name. If the deed names multiple owners as joint tenants with survivorship, the property likely passed automatically to the surviving joint owner(s) and may not need probate.
• Check for beneficiary designations, a transfer-on-death deed, or a trust. Those can avoid probate if valid.

2. Determine whether probate (formal administration) is necessary

When the decedent solely owned real property and there is no valid non-probate mechanism, you generally must open an administration (probate) case in the district court in the Kansas county where the decedent lived. The Kansas statutes that govern decedent’s estates and intestacy are in K.S.A. Chapter 59; see the chapter overview here: K.S.A. Chapter 59 — Decedent’s Estates.

3. Who inherits under Kansas intestacy rules

Intestacy rules identify the heirs who inherit when someone dies without a will. The distribution depends on whether a spouse survives and whether there are surviving children or other relatives. The court and the estate administrator follow those rules to determine who gets the house (or what share each heir receives).

4. Open a probate case and request appointment of an administrator

1. File a petition for administration with the district court in the decedent’s county of residence. The court will appoint a personal representative (often called an administrator if there is no will).
2. The administrator receives Letters of Administration (court authorization). That document is what title companies and the Register of Deeds will accept to allow transfers or to settle the estate’s real property.

5. Administrator duties before transfer

• Inventory estate assets and value the house.
• Notify known creditors and publish notice to unknown creditors if required by local procedure.
• Pay valid debts, taxes, and funeral expenses from estate assets.
• Handle any homestead allowance, family allowances, or exemptions that Kansas law provides for surviving family members (see Chapter 59 referenced above for details).

6. How title gets transferred to you and your siblings

After the administrator follows the court’s orders and pays required debts, the administrator may execute an administrator’s deed or the court can enter an order directing transfer of the real property to the heirs. The deed or court order is then recorded in the county’s Register of Deeds to change the property title. If multiple heirs inherit (for example, all children), the deed will show the new owners and the percentage share each holds.

7. Small-estate and simplified procedures

Kansas may offer simplified procedures for small estates or for transferring certain personal property without formal administration. Eligibility and exact procedures vary; contact the local probate clerk or review county court information to learn whether a small estate affidavit or expedited process applies to your situation.

8. Typical timeline and costs

Formal probate for real property often takes several months to over a year depending on whether creditors or heirs contest the administration. Costs include court filing fees, legal fees (if you hire an attorney), appraisal fees, and recording fees. If the estate is straightforward and all heirs agree, the process is faster and less expensive.

9. When to consult an attorney

Consider hiring a probate attorney if:

• Title to the house is unclear or contested.
• There are debts, mortgages, or tax issues that might force sale of the property.
• Heirs disagree about distribution or one wishes to buy out others.
• There are out-of-state assets or complicated family circumstances (adoption, blended families, unknown heirs).

Helpful links

• Kansas Statutes — Decedent’s Estates (Chapter 59): https://ksrevisor.org/statutes/chapters/ch59.html
• Kansas Judicial Branch main site (probate court contacts & resources): https://www.kscourts.org/

Helpful Hints

• Immediately get several certified copies of the death certificate — you will need them for the court, title company, banks, and government agencies.
• Search for the deed early. If the deed names joint owners, probate may be unnecessary.
• Order a title search before recording any transfer to confirm liens, mortgages, or other encumbrances on the house.
• Keep a clear asset list and copies of bills, mortgages, and insurance policies to give to the administrator or attorney.
• Talk early with your siblings about goals (sell vs. keep vs. buyout) so you can agree on next steps and minimize conflicts.
• If family members want to avoid the cost and delay of a full probate, ask the probate clerk whether your county provides a small estate or summary transfer procedure and learn the eligibility rules.
• Record the administrator’s deed or the court order with the county Register of Deeds to finish the ownership change once the court allows transfer.
• If the house has a mortgage, contact the lender promptly — mortgages generally survive the borrower’s death and must be resolved by the estate or the new owners.

Next practical steps you can take today

1. Gather the death certificate and find the recorded deed for the house.
2. Contact the county Register of Deeds and the local probate clerk to ask about filing for administration and any small estate procedures.
3. Consider a short consultation with a Kansas probate attorney to review your specific facts (ownership form, mortgage, heirs) and to estimate costs and timeline.

Disclaimer: This article is informational only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney who can evaluate your specific situation and provide legal guidance under Kansas law.