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In Kansas, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.
IF the deceased had no will and left only real estate to the surviving spouse and other family members, a ?Determination of Descent? proceeding may be started at any time 6 months after death. This proceeding takes about 30 days to complete and is often used when reasons to probate administration do not exist.
Anti-lapse statute in effect at testator's death applicable in action to determine whether heirs of deceased beneficiary succeed to his interest.
If the decedent's spouse and at least one of their children survive them, the spouse inherits half of the decedent's estate, and the other half is distributed amongst the children (or amongst the children and the children's descendants if one or more of the decedent's children did not survive them) per stirpes.
Options for keeping your estate out of probate Living trusts. Joint property ownership. Payable-on-death designations. Transfer-on-death deeds. Transfer-on-death registration.
Stat. § 59-1504. Whenever a decedent by will makes a provision for the compensation of his or her executor, that shall be taken as such executor's full compensation, unless the executor files a written instrument, renouncing all claim to the compensation provided for in the will.
Estate Tax Qualified Disclaimer A disclaimer must be in writing. The disclaimer must be given to the estate's representative no later than nine months after the decedent's death. The disclaiming person cannot accept the asset or any benefit from the asset.
However, most assets held in the sole name of the deceased person require probate before being transferred to the beneficiaries named in a will. If the funds in the estate are $40,000 or less, no probate is necessary and all that is required is an affidavit from the heir(s) and a copy of the death certificate.