How to Claim Surplus Funds as a Former Spouse or Survivor in Kansas

When a property owner dies or a foreclosure sale produces surplus proceeds, interested parties may have a right to those funds. In Kansas, a former spouse or surviving spouse must follow specific steps to assert entitlement.

Detailed Answer

1. After the Owner’s Death (Probate Process)

If the property owner died before the foreclosure sale or distribution of sale proceeds, the surplus funds become part of the decedent’s probate estate. Kansas Probate Code requires the personal representative to advertise and distribute assets according to K.S.A. 59-509. K.S.A. 59-509.

1. Contact the Personal Representative: Identify the executor or administrator handling the estate.
2. File a Creditor’s Claim (if applicable): If the surplus represents a debt owed under a divorce decree or spousal support order, file within three months of notice or publication.
3. Surviving Spouse’s Share: Under K.S.A. 59-507, the surviving spouse inherits a statutory share unless the will provides otherwise.
4. Former Spouse Rights: A final divorce decree may grant a former spouse payment rights that survive the other party’s death. Attach a certified copy of the decree to your claim.

2. After Divorce (Foreclosure Surplus)

If a foreclosure sale produces surplus funds, Kansas foreclosure statutes govern distribution. Under K.S.A. 60-2410, the sheriff must pay surplus funds to persons legally entitled.

1. Review the Divorce Decree: Confirm any reserved rights to sale proceeds or homestead equity.
2. Record Notice of Judgment or Lien: If your decree awards you a lien or money judgment, record it in the county where the property is located before the sale date.
3. File a Claim with the Sheriff: After the sale, submit a written request and certified decree copy to the sheriff’s office within 15 days of the sale.
4. Obtain a Court Order (if Disputed): If the sheriff denies your claim, petition the district court in the county of sale for an order directing distribution.

Helpful Hints

• Act Quickly: Statutes impose strict deadlines for filing claims in both probate and foreclosure proceedings.
• Gather Documentation: Certified divorce decrees, lien recordings and wills provide critical evidence.
• Monitor Public Notices: Probate and foreclosure notices publish in local newspapers or online court portals.
• Use Official Forms: Kansas courts offer standard claim and petition forms on the Kansas Judicial Branch website.
• Consider Legal Advice: Complex title or estate matters often benefit from consultation with a Kansas attorney.

This article provides educational information only and does not constitute legal advice. For guidance specific to your situation, consult a qualified Kansas attorney.