What happens if the survey shows the property was conveyed out of my mother’s estate decades ago (KS)

Detailed Answer

Short answer: if a current, recorded deed shows the property was conveyed out of your mother’s estate decades ago and your name (or any recorded interest you claim) does not appear in the chain of title, you most likely do not own the property now. However, there are important checks and limited exceptions under Kansas law that can change the result.

Why a survey showing a conveyed property matters

A recent survey that identifies the property lines and then locates a recorded deed or conveyance from your mother’s estate shows the documentary trail: the estate (through the personal representative or via a deed) transferred the property to someone else in the public records. In most real estate systems, ownership follows the record chain: whoever holds title in the public records (the deed registry) is presumptively the owner.

How to confirm what the survey means

1. Obtain a certified copy of the recorded deed the survey references. Verify grantee name(s), date of conveyance, and the book/page or instrument number used to record the deed.
2. Obtain the probate file for your mother’s estate (if one exists). Probate papers identify the personal representative, what assets were in the estate, inventories, and the court’s orders approving distributions. Kansas probate law is in the state statutes and is a good place to start: see the Kansas statutes index at https://www.ksrevisor.org/statutes/.
3. Do a full title search (or hire a title company or real estate attorney to do one). A title search will show the full chain of ownership before and after the conveyance, recorded liens, mortgages, and subsequent transfers.
4. Check for title insurance. If the current owner has title insurance, you may need to put the title company on notice if you believe you have a claim.

Common legal outcomes under Kansas law

• If the deed out of the estate was validly executed and recorded, the person named in that deed (and subsequent grantees) likely holds title. You generally cannot reclaim the property simply because you are an heir unless the probate transfer was improper.
• If the probate court properly administered the estate and authorized the conveyance, the transfer is usually final. Review the probate case file to check whether the personal representative had authority and whether heirs were given proper notice.
• If the deed was recorded long ago and the current possessor has possessed the property openly and continuously, claims like adverse possession or reliance by good faith purchasers may solidify the current owner’s rights. Kansas law governs these doctrines through state statutes and case law; for a starting place, consult the Kansas statutes index: https://www.ksrevisor.org/statutes/.
• If there was fraud, forgery, lack of capacity, mistaken identity, or the probate court lacked jurisdiction, you might have legal grounds to challenge the conveyance or the probate distribution. Such challenges usually require filing a lawsuit (for example, a quiet title action or an action to set aside probate orders) and are time‑sensitive.

Practical examples (hypotheticals)

Hypothetical A: The survey finds a deed recorded in 1985 conveying the house from your mother’s estate to Alice. You find a probate order showing the personal representative sold the house under court authority. Unless you can show the sale was unauthorized or procedurally flawed, Alice (or her successors) likely owns the house.

Hypothetical B: The survey finds a deed recorded in 1975, but you discover the probate record shows the estate inventory did not list the property and no court order authorized a sale. That gap can be the basis for an investigation; perhaps the deed is void or forged.

Possible legal remedies and next steps

1. Confirm the records. Get certified copies of the deed and probate file. A county register of deeds and the local probate court clerk can help locate these documents.
2. Talk with a real estate or probate attorney. If records look straightforward (valid deed, proper probate), an attorney can confirm you do not have a claim. If records show irregularities, an attorney can advise on next steps such as filing a quiet title action or a petition to reopen probate.
3. Consider a title search or title insurance claim. If you were told you would inherit and the property later appears conveyed, a title company may be able to identify defects or file an objection if a title policy is in force.
4. Watch deadlines. Certain challenges to probate orders or recorded deeds have strict time limits. Even when a deed appears decades old, specific causes of action (fraud, forgery, concealed information) may still be actionable, but you must act promptly once you discover the problem.

How a Kansas court might view the situation

Kansas courts rely on the recorded chain of title and valid probate proceedings. If a conveyance out of an estate followed applicable probate procedures, courts usually treat that transfer as effective. If the probate process was defective—for example, if an heir was never given required notice or if the personal representative acted beyond authority—a court may set aside the transfer or provide other relief. For more on how probate and court procedures work in Kansas, start at the state statutes and local court rules: https://www.ksrevisor.org/statutes/ and https://www.kscourts.org/.

When you likely have no interest

• The deed from the estate is valid, recorded, and followed probate authority.
• You are not named in the deed or in any later recorded instrument that shows an interest.
• No evidence of fraud, forgery, or procedural defect in probate exists.

When you might still have a claim

• Evidence of fraud or forgery in the transfer documents.
• The probate court never had jurisdiction or heirs were not properly served with notices required by Kansas probate procedures.
• A technical defect in the deed or recordation process that renders the transfer voidable.
• Proof that the recorded conveyance was made by someone without authority (for example, the personal representative did not have court approval when required).

Bottom line: a survey that locates a recorded deed showing the property left your mother’s estate decades ago is powerful evidence that you do not hold title. But you must confirm the probate and deed records, check for irregularities, and consult an attorney promptly if you uncover potential defects.

Helpful legal resources: Kansas statutes and chapter indexes: https://www.ksrevisor.org/statutes/. Kansas Judicial Branch (court information and probate contacts): https://www.kscourts.org/.

Disclaimer: This article explains general principles of Kansas law and is for informational purposes only. It is not legal advice. Consult a licensed Kansas attorney to get specific advice tailored to your situation.

Helpful Hints

• Start by obtaining certified copies of the deed the survey references and the probate court file for your mother’s estate.
• Order a full title search from a title company—this is often the fastest way to confirm current ownership and any encumbrances.
• If the probate file is missing or incomplete, ask the probate clerk for indexing information and any recorded orders; small gaps can be decisive.
• Don’t rely solely on the survey. Surveys show boundaries and reference recorded instruments; the legal ownership question depends on the recorded deeds and court records.
• If you believe fraud or forgery occurred, preserve all documents and create a timeline of what you know and when you discovered it—this helps any attorney evaluate deadlines and remedies.
• If you get contacted by a title company or current owner, keep communication factual and consider directing them to your attorney before agreeing to anything.
• Act promptly. Some remedies become unavailable with delay; prompt review protects any potential claim you might have.
• If you cannot afford an attorney, contact local legal aid or a law school clinic for limited assistance—probate and real estate matters can be time sensitive.