Detailed Answer
When a property sells at execution or foreclosure for more than the debt and costs, Kansas law directs K.S.A. 60-2412 that the officer must pay the surplus to the judgment debtor or the judgment debtor’s heirs, administrators or executors. If the debtor is deceased, only the personal representative or executor of the estate can claim the surplus within 30 days of sale. If no claim appears within 30 days, the officer pays the funds to the county treasurer as custodian.
Because the property was solely in the deceased spouse’s name, the estate holds the right to the surplus. To claim the funds, the personal representative must present certified letters testamentary or of administration to the sheriff. Once the sheriff verifies the representative’s authority, the surplus is paid to the estate.
After the estate collects the surplus, the representative distributes it under the decedent’s will or, if there is no will, under Kansas intestate succession. Under K.S.A. 59-505, a surviving spouse receives the first $30,000 plus one-half of the remainder; the decedent’s children share the balance of the estate. If there is no surviving spouse, all assets pass to the decedent’s children or next of kin according to statute.
Helpful Hints
- File a claim for surplus proceeds within 30 days of the sale.
- Obtain certified letters testamentary or of administration from probate court.
- Consult K.S.A. 60-2412 for rules on surplus distribution.
- Review K.S.A. 59-505 for intestate succession shares.
- If funds escheat, contact your county treasurer to request a release.
- Consider a probate attorney for complex estates or disputes.