Detailed Answer
This is not legal advice. It provides general information under Kansas law to help you understand how to include real property in a decedent’s estate successfully. Always consult a qualified attorney for advice on your situation.
1. Confirm Ownership and Current Title
Obtain a certified copy of the deed from the county register of deeds. Review the deed to confirm the decedent’s name appears as owner. Verify whether the deed includes a Transfer on Death (TOD) designation under K.S.A. 59-513 (ksrevisor.gov/statutes/chapters/ch59/059_513_0001.html). A valid TOD deed passes title outside probate.
2. Determine Probate or Non-Probate Transfer
If the property has a valid TOD deed, record a certified copy of the decedent’s death certificate and the affidavit of successor under K.S.A. 59-513. If no TOD deed exists, you must probate the property.
3. File a Probate Petition
File a petition for administration of the estate in the appropriate district court under K.S.A. 59-601 (ksrevisor.gov/statutes/chapters/ch59/059_601_0001.html). Attach a death certificate and the decedent’s last will (if any). The court will appoint a personal representative (executor or administrator).
4. Inventory and Appraisement
Within 60 days of appointment, prepare and file an inventory listing all real and personal property under K.S.A. 59-2232 (ksrevisor.gov/statutes/chapters/ch59/059_223_0001.html). Include a professional appraisal of the real estate. This step establishes the value of the estate’s real property.
5. Record Estate’s Interest
Obtain a certified copy of the letters testamentary or letters of administration. Record that document in the county register of deeds to show the estate’s interest in the real property.
6. Satisfy Liens and Expenses
The personal representative must pay valid debts, funeral expenses, and estate taxes before distribution. If necessary, sell real property under court order to raise funds.
7. Transfer Title to Beneficiaries
After debts and taxes, prepare a deed transferring the real estate from the estate to beneficiaries. Obtain the court’s order approving distribution. Record the deed and the court order in the county register of deeds to complete transfer.
Helpful Hints
- Start early—some steps have strict deadlines (e.g., 60 days for inventory).
- Use a qualified appraiser to avoid valuation disputes.
- Keep organized records of all filings and court orders.
- Check for homestead or spousal allowances that may affect property distribution.
- Consult counsel if the estate holds property in multiple counties.
Disclaimer: This article does not constitute legal advice. Consult a licensed Kansas attorney to address your specific circumstances.