Detailed answer — who gets the money after the house is sold and debts are paid?

Short answer: It depends on how title to the house was held and whether the home becomes part of your father’s probate estate. If the house is sold as part of probate by the personal representative (executor) and all valid debts and expenses are paid, any remaining proceeds normally become part of the decedent’s estate and are distributed according to the terms of the will. If the property passed outside probate (for example, by joint tenancy with right of survivorship, by living trust, or by a valid transfer-on-death designation), the sale proceeds may belong to the surviving owner or beneficiary and not be distributed under the will.

Key steps that determine who receives the leftover money

1. Identify how title was held: If your dad owned the house solely in his name at death, the property typically becomes part of his probate estate. If title was held jointly with right of survivorship, or if the property was held in a trust or had a beneficiary designation recognized by Kansas law, it may avoid probate.
2. If the property is in probate: The personal representative (named in the will or appointed by the court) collects estate assets, sells assets if necessary, pays funeral costs, administration expenses, taxes, and valid creditor claims, and then distributes what remains according to the will. That means leftover proceeds from selling the home generally flow through the estate and are distributed per the will’s instructions.
3. If creditors exceed available assets: If the estate is insolvent (debts plus administration costs exceed estate assets), beneficiaries under the will may receive nothing. Kansas law sets the order in which creditors and certain family allowances are paid during probate.
4. Nonprobate transfers: If the house transferred outside probate (e.g., trust ownership or a valid beneficiary deed), the person who became legal owner at death controls and receives sale proceeds — the will usually does not control those funds.

Practical examples

Example A — Sole ownership, probate required: Your father owned the home in his name alone and left a will naming an executor and beneficiaries. The executor sells the home, pays the mortgage, funeral costs, probate fees and creditor claims. Any net cash remaining is added to the estate and distributed to beneficiaries under the will.

Example B — Joint ownership with right of survivorship: The house was titled jointly to your dad and your mother as joint tenants with rights of survivorship. At your dad’s death, title automatically passed to your mother. If she sells the house later and pays debts, sale proceeds belong to her, not to beneficiaries under your dad’s will.

Example C — Trust or transfer-on-death deed: If the house was owned by a living trust or transferred to a named beneficiary by a valid transfer-on-death instrument, the property does not go through probate. The trustee or beneficiary receives any sale proceeds and the will does not control that money.

What Kansas law governs this process?

Probate administration and the process for collecting assets, paying claims, and distributing property are governed by Kansas probate statutes. For an overview of Kansas probate law, see the Kansas statutes and resources on probate administration (Chapter 59 matters and related probate rules):
Kansas Statutes (Revisor of Statutes) and general probate information at the
Kansas Judicial Branch.

Common special issues in Kansas to watch for

• Spousal rights and allowances: Kansas law provides certain allowances and exemptions for a surviving spouse and possibly minor children that may reduce what is available to other beneficiaries.
• Priority of creditor claims: Creditors and certain estate expenses have priority and will be paid before distributions to beneficiaries.
• Out-of-state real estate: If the property is located in another state, that state’s probate rules may apply to the real property.
• Title defects or liens: Mortgages, taxes, or other liens must be satisfied or cleared at sale.

What to do next

If you are trying to determine whether leftover money from a sale will go under your dad’s will, take these steps:

1. Obtain a copy of the deed and check how title was held (sole, joint tenancy, trust, etc.).
2. Locate the will and identify the named personal representative/executor.
3. Ask the executor or the probate court whether the estate is opened in probate or whether the property passed outside probate.
4. If estate administration is open, request an accounting or inventory showing sale proceeds, debts paid, and proposed distributions.

Disclaimer: This article explains general principles of Kansas estate and probate law for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Kansas probate attorney or contact the probate clerk at your county court.

Helpful Hints

• Start by confirming how the property was titled (deed search at the county register of deeds).
• Ask to see the death certificate, will, and any trust documents.
• If the sale happened and you don’t know if the estate opened in probate, contact the county probate court where your father lived and ask whether an estate case is filed.
• Keep clear records: copies of the deed, closing statement from the sale, receipts for debts paid, and any letters from the executor.
• If you suspect the executor is mishandling funds, you can request a formal accounting from the court and, if necessary, petition the court for relief — talk to an attorney about the proper steps.
• Consider timing: probate can take months. Don’t assume immediate distribution until the executor completes creditor notices, claims, taxes, and court approvals.
• If the estate appears insolvent, beneficiaries generally do not receive distributions; the estate must pay creditors first under Kansas law.
• When in doubt, get a short consultation with a Kansas probate attorney — even a one-hour meeting can clarify whether the funds should flow through the will or were controlled outside it.