Settling a loved one’s estate in Kansas? We can help you find the path that fits.
Mack & Associates, LLC helps Kansas executors and families with probate, small estates and trust administration, from offices in Topeka, Leawood, Wichita and Dodge City, or by phone or video from anywhere.
If there’s a will, Kansas generally requires a petition to probate it within six months of death.
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Which probate path may fit?
Answer a few quick questions. Each answer explains why it may matter, and the paths that may fit light up as you go.
- Probate of the will
- Determination of descent
- Small estates affidavit
- Trust administration
- Court administration
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Has it been more than six months since your loved one died?
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Did they leave a will?
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Has anyone filed a petition with the court to probate the will or open the estate?
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Did they own real estate in their name alone?
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Leaving out joint, payable-on-death and beneficiary accounts, is everything else worth $75,000 or less?
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Did they have a living trust?
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Do family members disagree, or are there debts or creditors you’re worried about?
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Do you live outside Kansas?
Your results
These are starting points. An attorney can confirm which path fits after reviewing the details.
Worth raising at your consultation:
- Probate of the will: a petition generally must be filed within six months of death for the will to pass property. This is time-sensitive.
- Probate of the will: the case is underway. Next steps often include notice to creditors, an inventory and final settlement.
- Determination of descent: after six months, when no will was filed, this court process may transfer real estate and other property to heirs.
- Small estates affidavit: for up to $75,000 in assets, often with no court case. It can’t transfer real estate.
- Trust administration: assets in the trust may pass without probate, handled by the successor trustee.
- Court administration: when the estate is larger, involves disagreements or needs court protection, a simplified, informal or supervised administration may fit.
- Creditors and disagreements: creditors generally have four months after notice is first published to file claims, and a supervised process may help protect the executor.
- Living out of state: we can handle the Kansas filings and meet by phone or video.
For your own initial review only. These questions simplify Kansas law, which has exceptions and changes over time. They aren’t legal advice or a substitute for a full review of your situation. For advice, contact our office to speak with an attorney.
Kansas deadlines to know
Probate runs on deadlines. These are the ones families most often ask about.
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Within 6 months of death
File any will for probate
A will generally passes property only if a petition to probate it is filed within six months. A lost will usually isn’t an exception.
K.S.A. 59-617 -
After notice to creditors
Creditors have about four months
Claims are generally barred unless filed within four months of the first published notice, or 30 days after notice to a known creditor, whichever is later.
K.S.A. 59-2239 -
After 6 months, if no will was filed
Determination of descent
This court process may transfer real estate and other property to heirs when no will was filed in time.
K.S.A. 59-2250 -
Up to $75,000
Small estates affidavit
Heirs may collect up to $75,000 in assets, often without a court case. It can’t be used to transfer real estate.
K.S.A. 59-1507b
For general information only. These rules have exceptions, and courts apply them to specific facts. For advice about your situation, contact our office to speak with an attorney.
Planning ahead for your own family?
Many people who go through probate decide to make it easier for the people they leave behind. A living trust may let your family skip much of this process.
See how a living trust works
Common questions
How long does probate take in Kansas?
It varies. Creditors generally have at least four months after notice is published to file claims, so many estates take six months or longer, and more when there are disagreements, real estate to sell or debts to sort out.
What if we can’t find the original will?
Act quickly. A will generally must be filed for probate within six months of death, and Kansas courts have held that a lost or misplaced will isn’t an exception. Talk with us before the deadline.
Can I handle this from out of state?
Often, yes. The case is usually filed in the Kansas county where your loved one lived. We can handle the filings and meet with you by phone or video.
Do I need a lawyer for a small estate?
Not always. A small estates affidavit can sometimes be used without a court case for up to $75,000 in assets. A lawyer can help if there’s real estate, debts, disagreements or anything unclear.
Does Kansas have an inheritance tax?
Kansas currently has no inheritance or estate tax, and the federal estate tax applies only to very large estates.
What does an executor actually do?
Generally, the executor gathers and protects the estate’s property, gives notice to creditors, pays valid debts and expenses, and distributes what’s left under the will or Kansas law, with court approval when required.
Talk with a probate attorney
A conversation may help you see which path fits and what to do first.