Kansas Probate | Inheritance Advances in Kansas

Probate Process In Kansas

The Kansas probate process serves a vital purpose. When a resident of Kansas dies, the Kansas probate courts oversee the distribution of all assets and belongings left behind. They first appoint a representative to be in charge of the estate, collect and itemize all assets and monetary accounts, pay all outstanding debts and determine the validity of any existing wills. Finally, when the court feels that you have satisfactorily completed all other steps, they authorize the distribution of inheritance funds to the rightful heirs.

Is Probate Required in Kansas?

Most cases in Kansas require probate to determine how to correctly distribute the estate and assets of a decedent — the person who has died. However, you may be able to avoid going through the formal probate process. If an estate has a value of less than $25,000 and only contains personal property, you can claim the assets through informal probate.

How Do You Avoid Probate in Kansas?

If an asset has joint owners, the surviving owners will receive the inheritance without probate. Assets in which the decedent is the sole owner may have to go through the probate process.

Listing a beneficiary on assets, such as a life insurance policy or retirement account, will also prevent the need for probate. After the individual’s death, the beneficiary will only have to show a death certificate to receive their inheritance.

Another option is for the individual to place their assets in a living trust, causing them to automatically go to the beneficiary without probate. All assets inside this trust are free from probate, while other assets outside of the trust will undergo the probate process before transferring to the heir.

How Long Does Probate Take in Kansas?

The timeline for probate in Kansas can vary between estates. Contesting the will and other delays can cause the process to last for years. For all cases, you must wait four months to give creditors enough time to file a claim with the state before you can continue with the probate proceedings.

Generally, filing for probate must happen within six months after the date of death. In Kansas, one must file state and federal death tax returns no later than nine months after the date of death. After filing for probate, the state must appoint an executor or administrator at least four to five weeks from the petition filing date.

The state requires that estates with assets amounting to more than the legal allowance or those subject to debts, taxes and other costs must wait at least six months after the date of death to close the probate process.

How Long Do You Have to File Probate After Death in Kansas?

You must file a will with the Kansas probate court within six months after the person’s death. If you fail to meet this deadline, the will becomes invalid. Typically, individuals will file the will and for probate simultaneously.

What Happens if Someone Dies Without a Will in Kansas?

If you die without a will in Kansas, the state will label your estate as intestate and distribute your assets. Kansas probate court will also appoint someone — typically an adult descendant or spouse — as the executor to manage the estate during the probate process.

How to Determine Next of Kin in Kansas

When a person dies, their will typically outlines how they wish to distribute their estate. If the person dies without a will, the state will divide their assets according to the Kansas Probate law. The general order in which the state will distribute assets is as follows:

For Married Decedents

If the decedent has a surviving spouse and no children, the spouse will inherit the entire estate.

For decedents with spouses and children, the court will divide the estate equally between the spouse and the surviving children. If the decedent has one child who is now deceased and one grandchild, this grandchild will inherit half the estate.

If the decedent has one deceased child but the others are still living, the remainder of the estate will go to the living children of the decedent and the heirs of the decedent’s deceased child. In this situation, the grandchildren will receive a smaller percentage due to the living spouse and children of the decedent taking priority.

For Unmarried Decedents

According to Kansas law, children will inherit the entire estate for unmarried decedents. When the decedent has no children or descendants, the decedent’s parents will inherit the entire estate. The siblings will inherit the estate if the parents are no longer living.

If there are no siblings, the nearest living relatives, such as nieces, nephews or cousins, will receive the assets.

Does Kansas Have an Inheritance or Estate Tax?

The state of Kansas does not place a tax on estates or inheritances. However, if you receive an inheritance from another state, you may be subject to that state’s estate or inheritance tax laws. Individuals should also file state and federal taxes for the decedent in the year following their death.

Spouses in Kansas Inheritance Law

A spouse will receive all assets if the decedent does not have children or grandchildren. If the deceased has children, the spouse will receive half of the assets, while the children or grandchildren will receive the remaining half.

All assets will transfer to the children or grandchildren if the decedent is not married. If the decedent does not have any children, the inheritance will go to the parents. A decedent’s estate will only go to siblings if they do not have children or living parents.

Delays to Your Kansas Inheritance

The key problem with the Kansas probate process is that it takes an extremely long time from start to finish. While probate in Kansas is in process, heirs cannot access the money their loved ones want them to have.

The average estate in the US takes a full year and a half to finally distribute the inheritance money to the heirs. This fact is shocking to most heirs in Kansas and elsewhere who are understandably new to the process. Having a rightful inheritance blocked for years by a legal process can prove very frustrating.

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