Duluth, MN asked in Probate for Kansas

Q: Statue of limitations on probate?

Mother posted away 2 1/2 years ago, youngest brother and family took care of her in last months of her life. The lived in house taking care of her, and still do.

Do not know if there is Will?

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1 Lawyer Answer
Doug Coe
Doug Coe
  • Probate Lawyer
  • Wichita, KS
  • Licensed in Kansas

A: Assuming title is still in Mom's name, and assuming there wasn't a transfer on death deed recorded prior to her passing, and assuming you're trying to figure out how to transfer title to the house, it looks like you will need to go through at least some amount of probate. There may be a streamlined option called a Determination of Descent. It doesn't work in every case, but it is great when it does. For reference, I charge $2,500 for these projects, assuming they are not contested. Regardless, I'd definitely recommend using an attorney.

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