Probate in Kansas: What Your Family Goes Through Without a Will
Kansas funnels most estates through probate court, but there are a few ways you can circumvent it. When the deceased does not have a will, this is referred to as intestate succession. An estate will go through probate in Kansas if there is no will, with a few exceptions.
- When life insurance policies and retirement accounts have beneficiaries listed.
- When bank or brokerage accounts have a payable-on-death or transfer-on-death designation.
- When property is jointly with right of survivorship.
If none of these apply, an estate without a will does go through probate in Kansas. Kansas recently raised its small estate threshold. If the total assets subject to probate are $75,000 or less (up from $40,000), the estate can transfer to heirs without formal letters of administration.
Succession Laws Without a Will in Kansas
Before the lines of succession make sense, it helps to know how Kansas classifies property. Kansas is a common law property state, not a community property state, meaning ownership is determined whose name is on the title, deed, or account at the time of death. Kansas has not adopted the Uniform Probate Code, so its process tends to run a bit more formally than in neighboring UPC states.
If none of the exceptions above apply, the estate will go through probate and be distributed according to the following lines of succession.
- If you have descendants, your spouse inherits 1/2 of your intestate property. Your descendants inherit the other 1/2.
- If you have no descendants, your spouse inherits the whole of your estate.
- If you have children but no spouse, your children divide your estate equally.
- If you have no spouse and no children, your parents inherit everything.
- If you have no spouse, no children, and no parents, your siblings inherit your estate.
Kansas Probate Process
Kansas probate is filed through the District Court, Probate Division, in the county where the deceased lived, and most estates take 6 to 12 months to close. On the positive side, there is no state estate or inheritance tax in Kansas.
Avoiding Probate in Kansas
Here are the standard tools for keeping an estate out of probate court.
- Put your assets in a revocable living trust for more control and privacy, while naming the person who will manage distributing your assets after your death.
- Name beneficiary designations on financial and retirement accounts to determine who will immediately take hold of those funds upon your death.
- Establish joint ownership with right of survivorship to determine who gets property upon your death.
