Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address the specifics of your situation.
Detailed Answer
When a decedent owned real estate located outside Kansas, you generally must follow both Kansas procedures for determining heirs and the recording requirements of the state where the property lies. If all heirs agree, you may avoid a full ancillary probate, but you must still comply with statutory steps in Kansas and the laws of the foreign jurisdiction.
- Confirm eligibility for simplified Kansas procedures.
Kansas law allows a small-estate affidavit for personal property under K.S.A. 59-2510 (assets under $50,000) without formal administration. For real estate outside Kansas, there is no Kansas affidavit of heirship statute, but you can obtain a Determination of Heirs from the Kansas probate court in the decedent’s home county. See K.S.A. 59-2410 (ancillary administration).
- Gather required estate documents.
- Certified death certificate.
- Certified copy of the will (if one exists) or a Kansas court’s order determining heirs.
- Small-estate affidavit (if personal property is involved) or any Kansas court order waiving ancillary administration.
- Research out-of-state transfer rules.
Each state has its own rules for transferring real property after death. Many allow an affidavit of heirship or simplified ancillary administration. Contact the county recorder or clerk in the jurisdiction where the land is located to obtain their specific forms and filing requirements.
- Prepare and execute the conveyance deed.
- Use a quitclaim deed or an executor’s/administrator’s deed as required by the foreign jurisdiction.
- All heirs must sign the deed in the presence of a notary public.
- If Kansas property had a beneficiary deed (K.S.A. 58-2801 et seq.), that may control transfer, but it applies only to real estate in Kansas. See K.S.A. 58-2801.
- Record documents in the out-of-state jurisdiction.
File the death certificate, heirship affidavit or court order, and the signed deed with the county recorder (or land registry) where the property is located. Pay any applicable recording fees and transfer taxes.
- Verify and update title records.
Obtain a title report or certified certificate of title from the recorder’s office to confirm that the property interest now appears in the names of the new owners.
Helpful Hints
- Start by ordering multiple certified copies of the death certificate.
- Confirm the authority of each heir by obtaining a Kansas Determination of Heirs.
- Consult the county recorder’s office in the state where the land is located for their exact affidavit or ancillary form.
- Keep original recorded documents and obtain certified copies for your files.
- If any heir objects or a title dispute arises, consider hiring local counsel in the property’s jurisdiction.