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Probate & Inherited Homes Around Kansas City, Lawrence & Topeka
How a house passes after a death in Kansas and Missouri, when the estate can sell it, who to call at the courthouse, and what to do in the first 30 days.
How the house passesCan the estate sell?First 30 daysCourt contactsBy the numbersFAQ
If you have inherited a house or are serving as executor, the first question is how the title passes: through probate with a will, probate without one, a transfer-on-death or beneficiary deed, or joint ownership. That answer decides who can sign a listing and when. Kansas law is in K.S.A. Chapter 59; Missouri’s is RSMo Chapter 473. An executor whose will grants a power of sale, or a Missouri independent personal representative, can often sell without a separate court order; a supervised estate usually needs the court to approve the sale. Always confirm with the estate’s attorney.
How the house passes
Who owns the house after someone dies?
It depends on how the title was held and what was recorded before the death. Here are the five common paths in Kansas and Missouri.
| Path | Kansas | Missouri | Who signs a sale |
|---|---|---|---|
| Will, through probate | Will offered within 6 months of death (K.S.A. 59-617) | Will deadline tied to notice of letters (RSMo 473.050) | The court-appointed executor, under the will and court rules |
| No will, through probate | Court appoints an administrator (K.S.A. Ch. 59) | Court appoints a personal representative (RSMo Ch. 473) | The administrator or personal representative |
| Transfer-on-death / beneficiary deed | Title vests in the named beneficiary at death (K.S.A. 59-3504) | Beneficiary deed recorded before death (RSMo 461.025) | The beneficiary, once the title company is satisfied |
| Joint tenancy with survivorship | Passes to the surviving owner | Passes to the surviving owner | The survivor, after recording proof of death as the title company asks |
| No probate opened, years later | Determination of descent after 6 months (K.S.A. 59-2250) | Heirship or small estate routes (MO forms) | The heirs named in the court’s decree |
Source: Kansas Statutes (ksrevisor.gov, kslegislature.gov); Missouri Revised Statutes (revisor.mo.gov); Missouri Courts probate forms, checked Nov 13-14, 2026. General information only.
A Kansas small estate affidavit covers up to $75,000 of personal property and does not transfer real estate (K.S.A. 59-1507b). Missouri’s small estate affidavit covers estates up to $40,000 and can be recorded for real estate with the clerk’s certificate (RSMo 473.097). Which path fits is a question for an estate attorney.
Probate turns on the will, the deed and the court’s orders. Before you sign a listing or a contract for an estate home, talk to an estate attorney licensed in the state where the property sits. Free help: Kansas Legal Services or Legal Aid of Western Missouri.
Selling
Can the estate sell the house before probate closes?
Often, yes. Whether the court must approve the sale first depends on the state, the will and the type of administration.
- Kansas, will grants a power of sale: the executor may generally sell without a court order unless the will says otherwise (K.S.A. 59-1413).
- Kansas, supervised sale: petition, notice and hearing, appraisal, then a report of sale the court confirms (K.S.A. 59-2303 to 59-2312). Details on our Kansas page.
- Missouri, independent administration: the personal representative may sell real estate without a court order (RSMo 473.780, 473.810).
- Missouri, supervised administration: usually a court order, a report of sale and court confirmation. See our Missouri page.
Timing matters for planning. Kansas Legal Services says appointing an executor usually takes 4 to 5 weeks, and an estate with assets beyond allowances and debts cannot close until 6 months after death (KLS probate FAQ). Probate paperwork comes in exactly one size: more. A realistic calendar helps everyone breathe.
First 30 days
What should you do with an inherited house in the first 30 days?
Protect the house, keep the bills paid and get legal authority before anyone signs anything.
- Ask an estate attorney how title passes and who has authority to act.
- Call the homeowner’s insurer. The NAIC warns that vacant or unoccupied homes can leave an owner exposed to loss and liability, and a standard policy may not cover it (NAIC).
- Lock up, keep heat on in winter, forward the mail and keep utilities in service.
- Tell the mortgage servicer. Heirs can be confirmed as successors in interest and get loan information (CFPB).
- If there is a reverse mortgage, respond within 30 days of the due-and-payable notice (24 CFR 206.125).
- Keep paying property taxes and note the date-of-death value for tax basis (IRS Pub 551).
- Do not remove belongings or sign a cash offer until the person with authority approves it.
Our full list lives on Preparing an estate home to sell, and the decision between keeping, renting and selling is on Keep, rent or sell.
Court contacts
Where are the probate courts in the KC area?
Probate is filed in the county where the person lived. Real estate in another state may need its own proceeding there.
| State | County | Court | Where | Phone |
|---|---|---|---|---|
| KS | Johnson | 10th Judicial District, Probate | Probate Dept., 150 W. Santa Fe St., Olathe | (913) 715-3370 |
| KS | Wyandotte | 29th Judicial District | District Court, 710 N. 7th St., Kansas City, KS | (913) 573-2940 |
| KS | Leavenworth | 1st Judicial District | Justice Center, 601 S. 3rd St., Leavenworth | (913) 684-0700 |
| KS | Miami | 6th Judicial District | 120 S. Pearl St., Paola | (913) 294-3326 |
| KS | Douglas | 7th Judicial District | Clerk, 111 E. 11th St., Lawrence | (785) 832-5256 |
| KS | Shawnee | 3rd Judicial District, Probate | 200 SE 7th St., Suite 209, Topeka | (785) 251-6700 |
| KS | Franklin | 4th Judicial District | 301 S. Main St., Ottawa | (785) 242-6000 |
| KS | Jefferson | 2nd Judicial District | 300 Jefferson St., Oskaloosa | (785) 863-2461 |
| MO | Jackson | 16th Circuit, Probate Division | 415 E. 12th St., 9th Floor, Kansas City; 308 W. Kansas, Independence | (816) 881-3755 / 881-3754 |
| MO | Clay | 7th Circuit, Probate | 11 S. Water St., Liberty | (816) 407-3880 |
| MO | Platte | 6th Circuit (Circuit Clerk) | 328 Main St., Suite 5-CH, Platte City | (816) 858-2232 |
| MO | Cass | 17th Circuit (Circuit Clerk) | 2501 W. Mechanic, Harrisonville | (816) 380-8227 |
Source: Johnson County District Court; Unified Government of Wyandotte County/KCK; Kansas Judicial Branch; Douglas County; Shawnee County District Court; 16th Judicial Circuit; 7th Judicial Circuit; Platte and Cass County Circuit Clerks, checked Nov 13-14, 2026. Court staff cannot give legal advice.
Want the court contacts, rules, fees and the 13-step checklist in one place? Ask for the free KC-Area Probate & Inherited Home Data Sheet.
By the numbers
How many estates are opened in the KC area?
Missouri publishes county counts; Kansas paused county caseload reporting during its eCourt rollout.
| County | Period | Estates opened |
|---|---|---|
| Jackson | Calendar 2025 | 772 (675 in 2024) |
| Jackson | FY2024 (Jul 2023-Jun 2024) | 679 |
| Clay | FY2024 | 203 |
| Cass | FY2024 | 112 |
| Platte | FY2024 | 81 |
| Missouri statewide | FY2024 | 5,878 |
Source: 16th Circuit 2025 Annual Statistical Report, Table 18; Missouri Judicial Report Supplement FY2024, Table 43, checked Nov 13-14, 2026. Counts only; no case details.
Taxes, briefly: Kansas has no estate tax for deaths since 2010 and no inheritance tax for deaths after June 30, 1998 (KDOR). Missouri has no estate tax for deaths since 2005 (Missouri DOR). The 2026 federal basic exclusion is $15,000,000 (IRS). Ask a tax professional how these apply.
More probate guides: Probate & inherited homes hub · Kansas probate & selling · Missouri probate & selling · Keep, rent or sell · Preparing an estate home · How we help
FAQ
Frequently asked questions
Can an executor sell a house before probate is finished?
Often, yes. In Kansas an executor whose will grants a power of sale can generally sell without a separate court order, and in Missouri an independent personal representative can sell without a court order. Supervised estates in both states usually need the court to approve or confirm the sale. The estate’s attorney should confirm what your court requires.
How long does probate take in Kansas?
Kansas Legal Services says appointing an executor usually takes 4 to 5 weeks, and an estate with assets beyond allowances and debts cannot close until 6 months after death. Creditor claims are due within 4 months of the first published notice. Contested estates take longer.
Does a transfer-on-death deed avoid probate in Kansas?
A Kansas transfer-on-death deed recorded before the owner’s death vests title in the named beneficiary at death, subject to mortgages and liens (K.S.A. 59-3504). The beneficiary usually records an affidavit of death with a death certificate so the title company can insure a sale. Ask a title company or attorney what it needs.
What is a beneficiary deed in Missouri?
A Missouri beneficiary deed, recorded before the owner dies, transfers the real estate to the named beneficiary at death without probate (RSMo 461.025). Debts and liens still follow the property.
Do I owe Kansas or Missouri inheritance tax on a house?
Kansas has no estate tax for deaths since January 1, 2010 and no inheritance tax for deaths after June 30, 1998. Missouri has no estate tax for deaths since 2005. Federal estate tax applies only above the basic exclusion, which is $15,000,000 for 2026. A tax professional can confirm your situation.
What happens to the mortgage on an inherited house?
The loan does not disappear. Federal law generally bars a lender from calling the loan due just because a 1-4 unit home passed to a relative at the borrower’s death, and heirs can ask the servicer to confirm them as successors in interest. Keep payments current while you decide what to do.
What if the house had a reverse mortgage?
Heirs generally have 30 days after the due-and-payable notice to respond. HUD rules let heirs pay off the loan, sell the home for at least the lesser of the balance or 95% of appraised value, or give a deed in lieu, and the lender may approve extensions.
Where do I file probate in the Kansas City area?
In the district or circuit court of the county where the person lived. Johnson County probate is at 150 W. Santa Fe St. in Olathe, and Jackson County probate is at 415 E. 12th St. in Kansas City or 308 W. Kansas in Independence. Our court contact table lists 12 KC-area counties.
Can you tell me whether I need probate?
No. That is a legal question for an estate attorney. We can explain the general paths, point you to free resources like Kansas Legal Services and Legal Aid of Western Missouri, and help once the person with authority is ready to talk about the house.
Do you publish probate case names or addresses?
No. Our pages and data sheet show aggregate counts only and never list names, addresses or case details from court records.
Talk through an inherited house
Tell us the county and where the estate stands. We will start with a no-pressure value estimate and a plain-English plan that fits the executor’s timeline and the attorney’s advice.
Wingman Real Estate – The Shopper Team · Brokered by REAL Broker, LLC · (913) 543-3332 · Angela@shopwithshopper.com · General information only, not legal, tax or lending advice; talk to an attorney licensed in your state and verify with the office named. Information deemed reliable but not guaranteed. Equal Housing Opportunity.
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