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Kansas Probate Questions & Answers
1 Answer | Asked in Probate for Kansas on
Q: K.S.A. 59-1507b - Small Estates Affidavit was filed with Leavenworth, KS Probate court. But something is missing. What?

There was no will so we filed the form, K.S.A. 59-1507b - Small Estates Affidavit, to get Administration rights to close fathers accounts and affairs. We never heard anything from the courts and they won't tells us anything either on the phone or in person. All the court clerks indicate is... Read more »

Doug Coe
Doug Coe answered on Jul 3, 2020

Generally speaking, there's no need to actually "file" the Small Estate Affidavit. It can be shown directly to the bank or other institution, and they transfer the assets pursuant to the affidavit. On the other hand, if probate administration is needed due the nature of the estate,... Read more »

1 Answer | Asked in Probate for Kansas on
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?

Doug Coe
Doug Coe answered on Jun 15, 2020

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... Read more »

1 Answer | Asked in Probate for Kansas on
Q: My father suddenly passed away. My sister is sole beneficiary but there was no will. Am I entitled to half?
Doug Coe
Doug Coe answered on Apr 27, 2020

There are a number of variables. Generally, if the asset is passing by way of a beneficiary designation, the beneficiary designation will control. If the assets have to pass by way of a probate proceeding when there is no Will they pass pursuant to the default rules in Kansas. In that situation,... Read more »

1 Answer | Asked in Probate for Kansas on
Q: how do i file for "standing" on my fathers estate my step mom has not produced a will he passed in january

i also need to admit the probate to the court is that something a lawyer will have to do or can i also dose it matter what order and is there anything else i should be doing

Doug Coe
Doug Coe answered on Apr 18, 2020

In Kansas, generally, the first step is to petition the Court for the admission of and probate of the Will. Any interested party can do that, but you'll need a copy of the Will. You don't technically need a lawyer, but it will be a big help. Generally those legal fees are paid for out... Read more »

1 Answer | Asked in Probate for Kansas on
Q: How do I obtain ‘simplified small estate’ probate status?

I’m named executor in my brother’s recent will. Need a probate letter confirming this before a bank will set up an ‘estate account’ to pay bills and receive refund checks in his name. His lawyer said probate filing is not needed since the will was recorded only a couple months ago. What do... Read more »

Doug Coe
Doug Coe answered on Mar 30, 2020

In order to officially serve as the executor (and therefore have the authority to open an estate account), you will need what's called the Letters Testamentary from the Court. In order to get that document, there are a number of hoops to jump through, including a Petition, Notice, Order... Read more »

1 Answer | Asked in Probate for Kansas on
Q: What is the probate court process to request simplified estate status?
Doug Coe
Doug Coe answered on Mar 30, 2020

In Kansas, there are a series of documents to be completed and filed with the Court in order to have a simplified administration. However, the primary document is a Petition. If your situation allows for a small estate affidavit, review the resources here:... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Can beneficiaries get copies of the will before it's filed in probate? Executor does not communicate with others.

There are four beneficiaries to mother's will (she passed approximately 3 months ago). The executor has not contacted/responded to any of the beneficiaries. The financial advisor for deceased parent refuses to give a copy to any beneficiaries, stating that we should get it from executor. How... Read more »

Doug Coe
Doug Coe answered on Mar 19, 2020

In Kansas, whoever is in possession of the Will must record it in Court and send copies to the named beneficiaries and certain family members within six months from the date of death. The controlling statues is pasted below. If he or she fails to file the Will within six months, there can be... Read more »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: Can the siblings of the deceased take away from the children of the deceased? Uncle left no will.

He had no will. 2 surviving adult daughters, sister and brother. He left 2 houses, cars, trucks, and bank account. His daughters are about to open probate and the siblings said they will contest it. What can his daughters do? Before getting passed, he gave his daughter a house. After he passed the... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Mar 17, 2020

In the absence of a will, a person passes away "intestate", meaning "without a will". Intestate estates pass to the spouse and children; if there is no spouse, then to the children, in equal shares. The first step for children of the deceased is to open an estate. The person... Read more »

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2 Answers | Asked in Probate for Kansas on
Q: My mother passed away in September with no will or estate. She was the single owner of a home. How do we sell said home?

There was no will, no estate, no POA or deeds to the home signed over to anyone. We know she owes back property taxes. How do we go about getting the home in someone elses name so that we can pay off taxes, take ownership and sell the home so it's not just sitting vacant?

Doug Coe
Doug Coe answered on Mar 4, 2020

Based on this info, you'll most likely need to do what's called a Determination of Descent, which is a limited probate proceeding, assuming the real estate is located in Kansas. Would certainly encourage you to hire an attorney for this.

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1 Answer | Asked in Probate for Kansas on
Q: Living estate, Do I have any rights as the property owner before my step mom passes away?

She keeps moving things to her new homestead that had been on my dads place before they were married. ....hay barn, small round top shed..neither were attached to the ground. Those are just the things I noticed from the hwy way as she said i was not allowed on the property.

Doug Coe
Doug Coe answered on Mar 4, 2020

Tough to say without more info. I'd certainly reach out to an attorney to represent you and to get more thorough advice. With that said, if you own the property and she is a tenant, your rights are largely governed by the Kansas Landlord Tenant Act and the lease agreement, if any. As for... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: Beneficiary of a POD account of brother. No assets and no will. Am I liable for any debts he has.

What are my legal requirements?

Doug Coe
Doug Coe answered on Feb 4, 2020

In Kansas, assuming you didn't co-sign on any of his debts, and assuming you weren't a fiduciary for him, you won't be liable for his debts. Without knowing more, it's tough to say if there are any legal requirements to be aware of. Generally speaking, simply being a... Read more »

2 Answers | Asked in Probate and Estate Planning for Kansas on
Q: my sister power of attorney. Dad's will He told everyone there part separately. I read the will. After he passed the

Will wasn't followed. Me and my brother contacted her and asked what was going on and She said with what. What dad left each of us. She said there was nothing. I read the will when it was drawn up. And my father never changed it that I know and am sure of. What do I do.

Nina Whitehurst
Nina Whitehurst answered on Dec 26, 2019

Hire a probate attorney to help you probate his estate. The court can order all property returned to be properly distributed.

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1 Answer | Asked in Probate for Kansas on
Q: After my mom died, my brother took money out of her bank acct. so she would not qualify for probate, is that legal ?

Mom lived in Kansas and died May 29, 2019 and my brother on May 30th as executor took over $ 130,000 out of her bank . My mom made it so we were able to write checks for her, that's how he took her money after she died. He has now told us that she did't qualify for probate. He is also... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 13, 2019

Yes, you can open probate yourself and petition to be appointed personal representative yourself. You can then require him to deliver all estate assets to you for proper distribution, including the money he stole from her bank account. You will need a probate attorney to help you with this.

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: If minor child dies & child is benificiary of irrevocable trust, established 10 yrs earlier, What happens to the trust?

The child was 14. Trust grantor was great grandfather of minor. Child had no will. Irrevocable trust consisted of cash and stock portfolio, over $80,000.

Nina Whitehurst
Nina Whitehurst answered on Aug 5, 2019

The answer very much depends on the wording of the trust. Take it to an estate planning attorney for review.

1 Answer | Asked in Probate for Kansas on
Q: Can a wife recoup funeral costs from her husband’s probated estate?

Husband died intestate, and owned property outside of the marriage. His estate went into probate. The wife paid for the funeral, but then just filed a claim against the estate to be reimbursed. Is that legal?

Scott C. Stockwell
Scott C. Stockwell answered on Jul 17, 2019

In Kansas, payment of final expenses of the decedent would be expenses the estate would be obligated to pay. A proper claim would need to be made within the time allowed.

The spouse also has rights to request a share of the estate under different statutes, including spousal allowance,...
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1 Answer | Asked in Probate for Kansas on
Q: I was warded Guardianship/Conservatory for my 89 year old grandmother who recently passed away on May 3rd 2019.

I had done a quit claim deed prior to her passing on her house she owned. I am now trying to sell the home and Title company says I need Permission from the court to sell. Can I do an small estate affidavit less than $40,000 for the title of her home?

Scott C. Stockwell
Scott C. Stockwell answered on Jul 17, 2019

A small estates affidavit is for certain items of tangible and intangible personal property. A house and the land it occupies would be real property. The appointment of an administrator (no will) or executor (will) is necessary to effectuate a transfer of a decedent's real property. If there... Read more »

1 Answer | Asked in Probate for Kansas on
Q: Does tenancy in common require probate in KS?

My ex husband died in 2016 with no will, leaving a home that I believed to be titled as joint tenancy, but which I've learned is worded as tenancy in common. I've lived in, paid all taxes on, maintained and improved the home by myself for the last 28 years since we divorced, and wish to... Read more »

Ben F Meek III
Ben F Meek III answered on Jun 8, 2019

You might start by reviewing your divorce decree. If the property division gave you sole ownership of the house (subject to any mortgages, etc.) but the decree wasn’t recorded in the land records, all you may need to do is record it to be the sole owner (or you may have to sue to quiet title).... Read more »

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: My grandmother passed away two months ago. She had a will but we cannot find a copy, nor can we track down the attorney

What is our next step? We have tried phone, email & every social media option to find the attorney.

Scott C. Stockwell
Scott C. Stockwell answered on Jun 4, 2019

You should work with an attorney where your mother was living at the time the will was prepared. An attorney might have better luck knowing which attorneys to contact and have a chance to visit with those attorneys. There is a duty to make reasonable inquiry to locate the will, and your attorney... Read more »

1 Answer | Asked in Civil Litigation and Probate for Kansas on
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

Scott C. Stockwell
Scott C. Stockwell answered on Jun 4, 2019

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... Read more »

1 Answer | Asked in Probate for Kansas on
Q: Can an administrator of an estate make monetary decisions with out notifying the beneficiaries
Scott C. Stockwell
Scott C. Stockwell answered on Mar 18, 2019

An administrator is subject to the oversight of a probate judge. If the estate is one of "simplified administration", there is less supervision required than under normal administration. All administrators have a fiduciary responsibility to act in the best interest of the estate, its... Read more »

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