Upon a person's passing, those left behind have the task of settling the deceased person, or decedent's, "estate," which may include cash, property, or other investments. Settling the decedent’s estate after they pass is referred to as estate administration and usually occurs under the supervision of a probate court. The process may be relatively quick for uncontested estates or "small estates."
In Kansas, small estates are valued at $25,000 or less and bypass probate proceedings entirely. The process, however, can take longer for contested estates. This is a quick summary of Kansas probate and estate tax laws.
Kansas Probate and Estate Tax Laws
The following table outlines probate and estate tax laws in Kansas
| Code Sections | |
| Types of Estate Administration | Regular probate proceedings include uncontested and contested estates. Small estates can bypass regular probate proceedings. Uncontested estates: The executor files a petition for probate, notice is given to all interested parties of a hearing on the petition, and a judge admits the will into probate. Contested estates: After a petition for probate, an interested party can contest the probate by providing written grounds for contest. A judge hears evidence from both sides at a trial and then issues a decision to admit or refuse to admit the will into probate. Small estates: Regular probate proceedings can be bypassed by the filing of affidavit by an interested party if the estate is valued at $25,000 or less. |
| Family Allowances | A surviving spouse and minor children are entitled to a family allowance of up to $50,000 in money or other personal or real property from the estate. Additionally, the surviving spouse and minor children are entitled to clothing, access to the family library, pictures, musical instruments, furniture, household goods, utensils/implements for use in the home, one car, provisions, and fuel necessary for one year. |
| What Assets Go Through Probate? | A person's real and personal property at the time of his or her death. |
| Estate or Inheritance Taxes? | Yes. The Kansas inheritance tax is based on the value of the assets received by the heir and the heir's degree of kinship to the deceased. |
Kansas Probate and Estate Tax Laws: Related Resources
The probate process can be confusing. If you would like legal assistance with a probate or estate tax matter, you can contact a Kansas probate and estate administration attorney. You can also visit FindLaw’s sections on Probate Basics, Estate Tax Laws, and Kansas Estate Planning Laws for more articles and information on this topic.
