Detailed Answer
When a property owner dies in Kansas, some real estate transfers outside of probate by operation of law. Kansas recognizes two common nonprobate methods:
- Transfer on Death Deed (TODD): Under K.S.A. 58-4053 et seq., a property owner can record a TODD to name a beneficiary who will receive the real estate automatically at death. See K.S.A. 58-4054: https://www.kslegislature.org/li/b2019_20/statute/058_040_0000_chap_058_article_40.html#4054
- Joint Tenancy with Right of Survivorship: Property held by two or more people with rights of survivorship passes outright to the surviving owner(s) under K.S.A. 58-623: https://www.kslegislature.org/li/b2019_20/statute/058_006_0000_chap_058_article_6.html#623
However, any real estate owned solely in the decedent’s name without a TODD or joint tenancy designation must pass through the probate process. Kansas probate is governed by K.S.A. 59-801 et seq. The court will:
- Validate the will;
- Identify and pay debts and taxes;
- Resolve disputes and creditor claims;
- Approve distribution of assets per the will or state law.
Probate ensures clear title so heirs can sell or refinance real estate. Without it, a deed cannot be recorded, leaving surviving family members unable to transfer or pledge the property.
Helpful Hints
- Consider recording a Transfer on Death Deed (TODD) under K.S.A. 58-4053 et seq. to avoid probate for real estate.
- Hold property in joint tenancy if you want an immediate survivorship transfer.
- Use the Kansas small estate affidavit procedure (K.S.A. 59-2346) for estates with limited assets.
- Regularly review and update title documents and beneficiary designations.
- Keep clear records of all deeds, mortgages, and estate planning documents.
- Consult a qualified Kansas attorney to tailor an estate plan that meets your goals.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney regarding your specific situation.