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Selling a House in Probate in Kansas
Power of sale versus a court-approved sale, transfer-on-death deeds, determination of descent, fees and deadlines, in plain English.
Power of saleCourt-approved saleTOD & descentFees & timingFAQ
Kansas probate is governed by K.S.A. Chapter 59. If the will grants a power of sale, the executor can generally sell the house without a separate court order (K.S.A. 59-1413). Otherwise the executor or administrator petitions the court, gets an appraisal and reports the sale for the court to confirm (K.S.A. 59-2303 to 59-2312). A transfer-on-death deed vests title in the beneficiary at death, and a determination of descent can settle title when no estate was opened. The statutory probate docket fee is $109.50 plus a surcharge of up to $22.
Power of sale
When can a Kansas executor sell without a court order?
When the 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 lets an executor exercise a power of sale in the will without a court order, but not while a will contest is pending. Many Kansas estates also run under the Simplified Estates Act: after letters issue, no further court supervision is required until closing, though the act’s notice requirements for selling real estate still apply (K.S.A. 59-3205).
Title companies decide what they need to insure a buyer, so we ask early for the letters testamentary, the will’s power-of-sale language and any court orders. The estate’s attorney decides what the estate files.
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.
Court-approved sale
How does a court-approved sale work in Kansas?
Petition, notice and hearing, an order, an appraisal, then a verified report of sale that the court confirms.
- Petition (59-2303). The executor or administrator asks the court to sell, gives the reasons and describes the property. If a buyer is named, the petition discloses any financial or family relationship with the buyer.
- Notice and hearing (59-2304) and an order authorizing the sale (59-2305), with added bond if the court requires it (59-2306).
- Appraisal (59-2307).
- Report and confirmation (59-2309). A verified report with the appraisal is filed; the court confirms the sale and authorizes the deed (59-2310). The deed passes title free of the decedent’s debts, except mortgages or liens the buyer assumes.
- Commission. K.S.A. 59-2312 addresses the real estate commission in these sales.
Source: K.S.A. 59-2303 and K.S.A. 59-2309, checked Nov 14, 2026. For buyers, this means the contract should allow time for court confirmation. For the estate, a written plan for showings and offers keeps everyone on the same page.
TOD deeds and descent
What if there is a transfer-on-death deed or no probate was ever opened?
A recorded TOD deed moves title at death; a determination of descent can clear title years later.
- Transfer-on-death deed: recorded before death, it vests title in the named beneficiary at death, still subject to mortgages, liens and Medicaid claims (K.S.A. 59-3504). In practice the beneficiary records an affidavit of death with a certified death certificate; ask the title company what it needs.
- Determination of descent: any interested person may petition when the death was more than 6 months ago and no will or administration was filed; the decree says who acquired title (K.S.A. 59-2250).
- Homestead: the homestead (up to 160 acres rural or 1 acre in town) is protected while a surviving spouse or children occupy it (K.S.A. 59-401).
- Small estate affidavit: up to $75,000 of personal property only; it does not transfer real estate (K.S.A. 59-1507b).
Fees and timing
What does Kansas probate cost and how long does it take?
The court’s docket fee is modest; the timeline is set by notice periods.
| Item | Rule | Source |
|---|---|---|
| Docket fee, probate of an estate or will | $109.50 plus a surcharge of up to $22 (last published total $131.50); confirm with the clerk | K.S.A. 59-104; 2026 HB 2393 |
| Docket fee, determination of descent | $49.50 plus surcharge (last published total $71.50) | K.S.A. 59-104 |
| Offer the will | Generally within 6 months after death | K.S.A. 59-617 |
| Creditor claims | Within 4 months of first published notice (or 30 days after actual notice, if later) | K.S.A. 59-2236, 59-2239 |
| Executor appointed | Usually 4 to 5 weeks | Kansas Legal Services |
| Property tax | Appraised every year at market value as of Jan 1; a death does not trigger a special reappraisal | K.S.A. 79-1455 |
Source: Kansas Statutes; 2026 Session Laws Ch. 35; Kansas Legal Services, checked Nov 13-14, 2026. Attorney fees are separate and vary.
Kansas court contacts for Johnson, Wyandotte, Leavenworth, Miami, Douglas, Shawnee, Franklin and Jefferson counties are on the hub page. Local market context: Johnson County · Douglas County · Shawnee County · Wyandotte County.
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.
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
Does a Kansas executor need court approval to sell a house?
Not always. If the will grants a power of sale, K.S.A. 59-1413 generally lets the executor sell without a court order unless the will says otherwise. Without that power, the sale follows the petition, appraisal and confirmation steps in K.S.A. 59-2303 to 59-2312. The estate’s attorney confirms which applies.
What is the probate filing fee in Kansas?
The statutory docket fee to probate an estate or will is $109.50, plus a judicial branch surcharge of up to $22 that 2026 HB 2393 extended through June 30, 2030. The last published total was $131.50. Confirm the current amount with the district court clerk.
Can heirs live in the house during Kansas probate?
The homestead is protected while a surviving spouse or children occupy it under K.S.A. 59-401. Other arrangements, like an heir living in the house, should be approved by the executor and discussed with the estate’s attorney, including who pays taxes, insurance and utilities.
What is a determination of descent?
A Kansas court proceeding under K.S.A. 59-2250 that any interested person may file when the death was more than 6 months ago and no will or administration was filed. The decree says who acquired the title, which lets the heirs sell.
Does a Kansas small estate affidavit work for a house?
No. The Kansas affidavit covers up to $75,000 of personal property and does not transfer real estate. A house usually needs probate, a determination of descent, a TOD deed or joint ownership to pass.
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.
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