Detailed Answer

When a grandparent dies, ownership of their property and the identity of the rightful heirs depend on what legal documents and ownership arrangements existed before death and whether the estate goes through probate. Below is a step‑by‑step guide to finding out who the heirs are and who owns the property under Kansas law.

1. Check for a will or trust

If your grandparent left a valid will, the will typically names an executor and identifies who inherits specific assets. Many wills are filed with the local district court (probate division) after the person dies. Trusts (revocable living trusts) typically pass property outside of probate. To search:

• Contact the clerk of the district court in the county where your grandparent lived at death and ask whether a probate case or will has been filed. Kansas district courts handle probate matters.
• Look for copies of a will among family records, safe deposit boxes, or the grandparent’s lawyer files.

2. Search public land records (deeds) and title evidence

Real estate ownership is shown by deed records. The county Register of Deeds (sometimes called Recorder) keeps deed records, mortgages, and related instruments. Actions:

• Search the county Register of Deeds for deeds in your grandparent’s name. Many counties have online search tools.
• Look at the deed’s wording to see how title was held: as joint tenants with right of survivorship, tenants in common, or solely owned. Joint tenancy with right of survivorship or certain trust arrangements often pass outside probate to the surviving joint owner or trust beneficiary.
• Obtain a title report or hire a title company or real property attorney to perform a full title search if ownership is unclear or if liens exist.

3. Determine whether probate is required

If the property was owned solely by the decedent and not covered by a trust, probate normally is required to transfer legal title. Probate is the court process for validating a will (if any), appointing an executor or administrator, paying debts, and distributing assets. For Kansas probate procedures and forms, see the Kansas Judicial Branch probate information: https://www.kscourts.org/ and the Kansas statutes governing probate (Chapter 59): https://ksrevisor.org/statutes/chapters/ch59/.

4. If no will exists, intestate succession rules identify heirs

When a person dies without a will (intestate), Kansas law provides a priority order for who inherits. Generally:

• The surviving spouse has priority for a share of the estate.
• Descendants (children and their descendants) inherit next; if there is no surviving spouse, the children inherit the estate outright.
• If there is no spouse or descendants, parents and then siblings or their descendants can inherit.

These rules can vary with family structure (e.g., surviving spouse plus children from a prior relationship). For the statutory rules governing who inherits when there is no will, see the Kansas Probate Code (Chapter 59) as listed above.

5. Small‑estate procedures and alternatives

Kansas allows certain simplified procedures for transferring personal property when the estate size is small or for transferring motor vehicles and bank accounts in limited situations. These processes avoid full probate but have eligibility rules and dollar limits. Check the district court clerk or statutes for applicable small‑estate forms and procedures.

6. Steps to identify heirs and clear title (practical checklist)

1. Obtain several certified copies of the death certificate from the funeral home or local health department. Many offices and institutions require certified copies.
2. Contact the probate clerk in the county of death or last residence to see if a probate case exists. If not, consider opening probate if needed to transfer real property or settle debts.
3. Search the county Register of Deeds for deeds, mortgages, and possibly recorded affidavits or notices affecting the property.
4. Review household records for wills, trust documents, deeds, beneficiary designations, or powers of attorney.
5. Gather information about potential heirs: names, addresses, dates of birth, and relationship to the decedent.
6. If ownership is disputed or the chain of title is unclear, hire a probate or real estate attorney to perform a title search and, if necessary, prosecute or defend a quiet title action.

How heirs are commonly confirmed in Kansas

Proof of heirship often requires a combination of: a recorded will or probate filing naming beneficiaries; an administrator’s or executor’s record showing who received property; deed records showing recorded transfers; or a court order declaring the heirs under intestacy. When heirs are unknown or contested, the court can require notice, publish advertisements, and hold hearings to establish rightful heirs.

When to get professional help

Consider hiring a probate attorney if:

• Real estate must be transferred and ownership or title is unclear.
• There are many potential heirs, missing heirs, or contested claims.
• The estate has significant debts, complicated assets, or tax concerns.

An attorney or a title company can perform a thorough title search, prepare necessary probate filings, and advise on whether a small‑estate procedure will suffice.

Resources and official links

• Kansas Judicial Branch (probate information and court contacts): https://www.kscourts.org/
• Kansas statutes and probate code (Chapter 59) — Kansas Revisor of Statutes: https://ksrevisor.org/statutes/chapters/ch59/
• County Register of Deeds and District Court contact pages — search your county government website for the Register of Deeds and District Court clerk contact information.

Helpful Hints

• Get multiple certified death certificates right away; you will need them to access bank accounts, transfer titles, and file probate documents.
• Ask family members for any documents, safe‑deposit keys, or attorney contact details. A will is often with the decedent’s lawyer.
• Search the county Register of Deeds online before visiting in person — many counties provide searchable land records.
• Check for joint ownership, transfer on death deeds, beneficiary designations, or trust ownership — these bypass probate.
• Keep a running list of all assets (real estate, bank accounts, vehicles, life insurance, retirement accounts). Note listed beneficiaries — beneficiary designations generally control distribution for those accounts.
• Be aware that intestacy can split an estate differently depending on whether the decedent left a spouse, children, or both. Confirm relationships (adoption, paternity) because legal relationships affect inheritance.
• If you suspect missing heirs or potential fraud, secure the property (change locks if you are the personal representative), and consult an attorney before transferring assets.