Van Buren, AR asked in Probate for Kansas

Q: Is there a probate period following death imvolving real property in kansas? And what is it?

Unsure if there was a will but the decedent was only a week buried is it even the heirs legal right to sell a house?

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

A: After a person passes away, an probate estate may be opened. If there is a will, it must be filed with the court within six months of the date of death and an executor will be appointed. If there is no will, an heir at law or creditor may file a petition to probate the estate for the benefit of the heirs at law and to name an administrator.

If no will exists and no petition to administer the estate has been filed within six months after the date of death, the heirs at law may use a simplified procedure called a Determination of Descent, to formally transfer ownership from the deceased.

If there is good reason to manage or sell the real estate, an appointed executor or administrator would generally have the power to do so. Heirs at law would not have the authority to sell real estate without authorization from the court.

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