Gardner, KS asked in Civil Litigation and Probate for Kansas

Q: I father past away in Tennessee but I live in Kansas. I am being told I need to open a estate account

I read something about it being small and not needing to go thur probate. It will be at max 7,000 being despoiled into the account. What steps do I need to do and with what state

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Probate Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: The state with primary authority over a peron's estate would typically be the state in which the person was a resident at the time of death. If your father was a resdient of Tennessee, you should consult with a Tennessee attorney. Some estates allow for smaller estates composed of certain assets to be handled outside of a probate proceeding; whether such a method is available in Tennessee, you should seek advice from Tennessee counsel. If an asset is physically located in another state, it may be necessary to conduct an ancillary probate proceeding in the other state. You refer to an "account" which may be in the nature of an intangible asset. An intangible asset like a bank or brokerage account is typically treated as under the authority of the state of residence (however, there may be exceptions). If your father was a Kansas resident, such a nonprobate solution may be available.

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