How Probate Works in Kansas

File a petition for probate of the will or for administration in district court (a will must generally be offered for probate within six months after death to pass property). The petition lists heirs, beneficiaries and the general value of the estate. Notice is published, including notice to creditors, and mailed to known creditors. The executor or administrator receives letters, files a verified inventory and valuation within 30 days after appointment, pays valid claims, and then petitions for final settlement. At the hearing the court approves the account and issues a decree assigning the estate; a decree that includes real estate is sent to the county for the transfer record.

Kansas offers several simpler options: (1) Simplified estates act: when asked in the petition, the court decides whether the estate may be administered with less court supervision, considering the estate's size, family relationships, solvency, wishes of heirs and cost; an interested person can object and ask for supervised administration. (2) Informal administration act: the court can enter orders assigning all assets to the proper beneficiaries or heirs after debts are paid. (3) Determination of descent: if someone has been dead more than six months and no will was filed or probate or administration petition opened, an interested person can petition the court to determine who inherits the property (often used for real estate). There is no fixed dollar limit for these procedures in the statutes cited.

Claims must be presented within four months after the first publication of the notice to creditors or, for known or reasonably ascertainable creditors, within 30 days after they receive actual notice, whichever is later. Creditors generally lose their claims against the decedent's property (other than existing liens) unless a probate or administration petition is filed within six months after the death. Tort claims covered by the usual statute of limitations are treated separately.

The executor named in the will receives letters if legally competent and willing to serve; otherwise an administrator is appointed. A nonresident can serve but must first appoint in writing an agent who lives in the county where the case is filed, for service of legal papers. Every fiduciary must post bond of at least 125% of the personal property plus probable annual income from real estate, unless the will waives bond, all heirs or beneficiaries waive it in writing, or the fiduciary is a Kansas bank or trust company; the court can still require bond.

If the total probate assets of a Kansas resident do not exceed $75,000, personal property (for example bank accounts and vehicles) can be transferred to a successor without opening probate, by giving the holder an affidavit showing entitlement. A successor is a person entitled to the property under the will or by intestate succession, or the person named as executor in the will. The affidavit is sufficient if it substantially follows the Kansas Judicial Council form; it is not filed with the court. It covers personal property only, not real estate. The statute does not set a waiting period.