{"id":133,"date":"2017-03-23T12:56:22","date_gmt":"2017-03-23T12:56:22","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=133"},"modified":"2024-04-25T23:21:09","modified_gmt":"2024-04-26T03:21:09","slug":"kansas-probate-process-and-the-estate-administration-deeds","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/kansas-probate-process-and-the-estate-administration-deeds\/","title":{"rendered":"Kansas Probate Process and the Estate Administration Deeds"},"content":{"rendered":"\n

Probate is the court process by which aperson\u2019s assets are transferred to those entitled to receive them after he orshe has died. This process, also called estate administration, is mandatory forall of the decedent\u2019s property that does not transfer pursuant to asurvivorship interest, trust, or recorded beneficiary deed<\/a>.<\/p>\n\n\n\n\n\n\n\n

When the property owner dies, a\ncustodian must deliver the decedent\u2019s will, if one exists, to the district\ncourt in which the county where the decedent was domiciled at the time of death\nis situated. Once the probate process is initiated, the estate is administered\npursuant to the terms of the decedent\u2019s will. If a decedent dies intestate\n(without a will), interested persons may petition the court for probate, and\nthe estate is administered pursuant to Kansas laws of intestate succession. <\/p>\n\n\n\n

The court confirms a personal\nrepresentative (PR) to take charge of administering the decedent\u2019s estate by\nissuing him or her letters. The letters evidence the personal representative\u2019s\nauthority to act on behalf of the decedent\u2019s estate. The PR is called an\nexecutor when named in the decedent\u2019s will, or an administrator when the\ndecedent dies intestate or the decedent\u2019s will fails to designate an executor\n(or if a named executor is unable or unwilling to serve).<\/p>\n\n\n\n

In line with a PR\u2019s duties is\nmarshalling the decedent\u2019s assets, notifying beneficiaries, paying the estate\u2019s\ndebts and valid claims, and distributing the remainder of the estate. This may\ninvolve selling a decedent\u2019s real property, either pursuant to the terms of the\nwill, to generate funds to pay the estate\u2019s debts, or to consolidate the\nestate. Regardless of the situation, the PR must execute a deed to convey real\nproperty from the estate. Deeds executed by persons in a representative\ncapacity are generally named after the type of fiduciary using them (trustee\u2019s\ndeed, conservator\u2019s deed, executor\u2019s deed, administrator\u2019s deed, etc.). <\/p>\n\n\n\n

Kansas recognizes two separate forms for\nexecutors\u2019 use. One form is specific to a conveyance pursuant to an order for\nsale issued by the district court. The other is sufficient for conveying\nproperty pursuant to a power of sale in the decedent\u2019s will. In the case of the\nformer, the deed recites information concerning the order for sale. When the\npersonal representative indicates via will that the personal representative may\nsell real estate on behalf of the estate, there is no court confirmation\nrequired. Administrator\u2019s deeds in Kansas are functionally equivalent to\nexecutor\u2019s deeds pursuant to an order for sale, but are used, as the name suggests,\nby PRs when the decedent has died intestate.<\/p>\n\n\n\n

Pursuant to Kansas law, conveyances by PRs \u201ctransfer such real estate free and clear from liens and claims of all creditors of the decedent \u2026 and of the heirs, devisees and legatees of the decedent\u201d (K.S.A. \u00a7 59-1410(b)).<\/p>\n\n\n\n

Related Kansas Probate Forms:<\/p>\n\n\n\n