Detailed Answer
When someone dies without a valid will in Kansas, the probate court oversees the collection, inventory, appraisal, and distribution of both real property and personal assets under the Kansas Intestate Succession Act (K.S.A. Chapter 59). A court-appointed personal representative handles these duties and follows statutory timelines and procedures.
Identifying Real Property and Personal Assets
Real property includes land, homes, and any fixtures titled in the decedent’s name on the date of death. Personal assets cover bank accounts, stocks, vehicles, jewelry, furniture, and other tangible items. The personal representative must search public records (e.g., county land registries), review financial statements, examine safe deposit box contents, and interview family members or other contacts to identify all assets.
Inventory Requirements
Under K.S.A. 59-304 (Inventory and Appraisal), the personal representative must file a verified inventory and appraisal of all estate assets with the probate court within 90 days of appointment. The inventory divides assets into real and personal property and assigns fair-market values as of the decedent’s date of death. If an appraisal is needed, the representative may hire licensed appraisers.
Determining Heirs
K.S.A. 59-503 (Determination of Intestate Heirs) guides the personal representative in identifying heirs by blood relationship or adoption. The list of heirs can include a surviving spouse, children, parents, siblings, grandparents, and more distant relatives if closer kin do not survive.
Distribution Under Kansas Intestacy Law
Distribution follows the order set by K.S.A. 59-505 (Distribution of Estate). Common scenarios include:
- Surviving Spouse Only: If no descendants or other family survive, the spouse inherits the entire estate.
- Spouse and Descendants: If all descendants are also the spouse’s descendants, the spouse inherits the entire estate. If some descendants are not the spouse’s, the spouse receives the first $200,000 in value plus one-half of the balance; the remaining assets pass equally to all descendants by representation.
- Descendants Only (No Spouse): The entire estate divides equally among children or other descendants per stirpes.
- No Spouse or Descendants: Assets pass to parents or, if none survive, to siblings, then to more distant relatives based on degree of kinship.
Helpful Hints
- Gather deeds, titles, bank and brokerage statements early to identify assets.
- Work with a qualified appraiser for real estate and valuable personal property.
- Meet the 90-day inventory deadline under K.S.A. 59-304 to avoid court sanctions.
- Consult the Kansas Probate Code (K.S.A. Chapter 59) for detailed procedures.
- Keep detailed records of notices, filings, and distributions to heirs.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. You should consult a licensed attorney in Kansas for guidance on your specific situation.