Q: In the state of Kansas, do the probate courts allow you to use your own appraiser for real estate or do they assign one
A: If the executor or administrator proposes to sell real estate, he or she may file a petition to sell the real estate. K.S.A. 59-2303. The petition may include the name of a proposed purchaser and suggest appraisers, which appraisers may be approved by the court, or the court could direct different appraisers. A hearing on the petition is set and notice given to the interested parties. K.S.A. 59-2304. Kansas probate sale directs that property sold at a private sale (as opposed to a public auction) be appraised by three appraisers appointed by the court. 59-2307. It would not be unusual for interested parties to agree to less than three appraisers if the sale is through a real estate broker and not to a person related to the executor or administrator. The real estate commission is an expense that would be added on top of the three appraisals. The interested parties might consider three complete appraisals to be an unnecessary expense in addition to the services of the realtor to determine a market price. The public real estate listing serves a similar function to a public auction to establish a market value for the property. You should consult with an attorney to determine the contents of a petition and the consents or waivers, if any, to seek from interested parties.
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