Ancillary Administrations

When an out-of-state individual dies owning Kansas real estate, Kansas probate proceedings are necessary to transfer the real estate. Depending on the facts and circumstances involving the assets, beneficiaries, and planning, the necessary probate proceedings may take a number of different forms.

If less than six months have passed since the date of death, then a full administration in Kansas would be necessary.  If, however, a probate administration has already been started in the decedent’s state of residence and more than six months have passed, an expedited ancillary administration in Kansas can be used to transfer the real estate.  Accordingly, if the immediate sale or use of the Kansas property is not required, the most efficient method of transferring it often is waiting six months.

In order to begin this process, an “authenticated” (referred to as “exemplified” in some states) copy of the will and order admitting the will to probate is required.  The next step is the preparation of the petition, order for hearing, and published and actual notice in Kansas.  At the hearing, the Court would enter a journal entry transferring all the Kansas property to the beneficiaries.  Once initiated, this process takes approximately a month and a half.

If the decedent owned additional real estate in other Kansas counties, authenticated pleadings from the first Kansas court would then need to be filed with the courts in the other counties to ensure clear title.  Under the expedited probate process, the title in the properties would vest directly in the beneficiaries.  Therefore, if the beneficiaries wished to sell the properties, they could do so in their own names following the completion of the probate matters.

While these procedures can be used for any Kansas property owned at death by a non-resident, they are most common for the transfer of family farmland and mineral interests. The attorneys at Clark, Mize & Linville, Chartered have assisted numerous families and out-of-state attorneys with these probate actions.

Written by:   Joshua C. Howard

Related Practice Area:   Probate and Estate Settlement