Guidance for Families in Kansas & Missouri Navigating Probate After a Loss
When a loved one dies, one of the first questions families often ask is:
“Do we have to open a probate estate?”
The answer depends on several key factors, including what assets were left behind, how they were titled, and the overall value of the estate. This guide offers a clear overview of the most common probate and non-probate scenarios in Kansas and Missouri, helping you understand whether full probate is necessary - or if a faster, simpler option may be available.
Important: Every estate is unique. This guide is for general information only. For personalized legal advice, contact the experienced probate attorneys at Gates Shields Ferguson Swall Hammond P.A. at 800-574-4428.
1. When Probate May Not Be Required in Kansas
Some assets are designed to transfer automatically at death, no court involvement needed:
- Assets Held in a Trust
- Property titled in a revocable or living trust avoids probate entirely. The trustee manages the distribution per the trust terms.
- Accounts with Beneficiary Designations (POD/TOD)
- Life insurance, IRAs, 401(k)s, and some bank or brokerage accounts pass directly to the named beneficiary, skipping probate.
- Kansas Real Estate with a Transfer on Death (TOD) Deed
- If a TOD deed was correctly filed, ownership transfers automatically to the named grantee beneficiary.
Tip: If an asset has no valid beneficiary or the beneficiary is deceased, that asset may fall back into the probate estate.
2. Kansas Small Estate Affidavit (Under $75,000)
Kansas law allows heirs to use a Small Estate Affidavit to collect personal property, like bank accounts or vehicles, without opening probate.
Eligibility Highlights:
- Total value of the probate estate must be $75,000 or less
- Does not apply to real estate transfers
- The affidavit must meet all statutory requirements
This process can save months of time and avoid court costs but it’s crucial to complete it correctly. We can help.
3. Kansas Determination of Descent
If no probate has been filed within six months of death, you may petition the court to determine heirs and distribute assets - typically real estate.
This option works best when:
- There’s no need for a personal representative
- You need to clear title to property (e.g., for a sale)
- No other probate administration has been started
It’s usually faster and more affordable than full probate.
4. When Full Probate is Usually Required in Kansas
You’ll likely need to open a full probate estate if:
- There are substantial probate-only assets with no beneficiaries or TOD deed
- The estate involves creditor claims, disputes, or complexity
- You need a court-appointed personal representative
- A will must be filed, and it’s within 6 months of the decedent’s death (Kansas does not allow wills to be admitted after this deadline)
Missed the window? The estate will likely be treated as if there was no will (intestate succession applies).
5. Missouri Probate: Know the One-Year Deadline
If the decedent lived in Missouri or owned Missouri property, different rules apply:
- Probate must be opened within one year of death
- After that, a Determination of Heirship is your main option
- Missouri allows a Small Estate process for assets under $40,000, with additional requirements and notices
Timing is critical, and missing the one-year probate window can limit your legal options.
6. Common Mistakes We Help Clients Avoid
- Believing that having a will avoids probate (it doesn’t - probate validates the will)
- Failing to act within Kansas’ 6-month or Missouri’s 1-year probate windows
- Choosing the wrong shortcut, especially when trying to transfer Kansas real estate
Let Gates Shields Help You Move Forward
At Gates Shields Ferguson Swall Hammond P.A., we help families navigate probate and post-death administration with confidence and clarity. We handle matters in Kansas and Missouri, and we’re ready to guide you toward the simplest, most efficient path, whether that’s avoiding probate or opening a formal estate.
We can:
- Evaluate asset titling and confirm if probate is needed
- Prepare Small Estate Affidavits or file Determination of Descent/Heirship petitions
- Represent you in full probate proceedings from start to finish
Call us today at 800-574-4428 or contact us online to schedule a consultation. Don’t navigate probate alone, let our experienced legal team help you take the next right step.