Probate for Non-Residents: What to Do If the Deceased Lived Out of State
At Heartland Estate Law, LLC, many of the questions we receive come from families who are trying to deal with the passing of a loved one who didn’t live in Kansas but owned property here. It’s a situation that brings confusion and stress, especially when survivors are unsure where to start.
When someone dies out of state but leaves behind assets in Kansas—such as real estate, bank accounts, or business interests—probate law comes into play in a very specific way.
Kansas probate law provides direction for how to handle estates involving non-residents, but the process differs from a typical in-state probate. The legal procedures must account for the deceased’s home state and also comply with Kansas laws when handling Kansas-based assets.
It may involve what’s called ancillary probate, and if not handled correctly, it can delay the settlement of the estate.
In this article, we’ll explain how probate law applies when a non-resident dies owning property in Kansas. We’ll break down what you need to know, what actions to take, and how we help clients manage these issues with clarity and purpose.
Jurisdiction in Probate Law
Probate begins in the state where the deceased person legally resided at the time of death. That state is referred to as the domicile. The court located in the county where the person lived will have primary jurisdiction over their estate. However, this jurisdiction does not automatically apply to assets located in other states.
Kansas courts cannot fully administer a non-resident’s entire estate unless Kansas was their legal home. But if that person owned property here—such as farmland, a home, oil rights, or even a vehicle registered in Kansas—Kansas probate law requires a local proceeding to distribute or transfer those assets properly.
This is where ancillary probate comes in.
What Is Ancillary Probate?
Ancillary probate is a secondary legal process used to handle property owned in a different state than where the decedent lived. If your loved one passed away in another state but owned real estate or other titled assets in Kansas, we file an ancillary proceeding here to settle that portion of the estate.
Under Kansas probate law, an ancillary probate proceeding is usually shorter than a full probate case. However, it still requires filing paperwork, notifying interested parties, and obtaining court approval to transfer or sell the property.
While it adds another layer to the estate process, it's often unavoidable when out-of-state property is involved. The good news is that Kansas courts will usually accept the findings from the primary court in the deceased’s home state—as long as all documents are properly certified and submitted.
Key Steps for Handling Ancillary Probate in Kansas
At Heartland Estate Law, LLC, we guide clients through the necessary steps to handle a Kansas ancillary probate proceeding. Here’s what we typically help with:
Secure Certified Copies of the Primary Probate Documents
These include the will, order admitting the will to probate, and the appointment of the personal representative. All must be certified by the court from the deceased’s home state.File a Petition for Ancillary Probate in Kansas
We submit a petition in the district court of the Kansas county where the property is located. This includes a copy of the original will and other required documents.Publish Notice to Creditors and Heirs
Kansas probate law requires public notice, giving anyone with a claim against the estate the opportunity to come forward.Identify and Inventory the Kansas Assets
We help gather and list all property located in Kansas, from land to vehicles or financial accounts.Work with the Primary Estate Representative
In many cases, the executor from the other state serves in Kansas as well. Kansas law allows out-of-state representatives to act locally, provided certain conditions are met.Distribute or Transfer the Property
Once the court approves the inventory and all obligations are satisfied, we assist in transferring property to heirs or selling it as needed.
Every situation is different, but these steps form the foundation of a proper ancillary probate process under Kansas probate law.
What Types of Property May Require Ancillary Probate?
Probate applies to property that is solely in the deceased person’s name and not held jointly or in a trust. If the person owned property in Kansas but lived elsewhere, probate law requires local court involvement to pass those assets on.
The most common Kansas-based property types that trigger ancillary probate include:
Residential or commercial real estate
Oil, gas, or mineral rights
Vehicles registered in Kansas
Bank or investment accounts based in Kansas
Business interests located or registered in Kansas
If any of these assets exist in Kansas, Kansas probate law will govern the method of transfer.
How Kansas Probate Law Treats Out-of-State Wills
Kansas courts generally respect wills that were legally executed in another state. If the will meets the legal standards of the state where it was signed, Kansas probate law allows it to be used here during ancillary proceedings.
That said, we always review the will closely to make sure no Kansas-specific issues will arise, such as questions of signature validity or the treatment of spousal rights. If no will exists, Kansas law treats the property as intestate, meaning it will pass according to Kansas’s default inheritance rules.
The personal representative (also known as the executor) must still comply with Kansas statutes, even if they’re primarily operating in another state. Our work often involves coordinating with out-of-state attorneys and representatives to avoid missteps.
Avoiding Ancillary Probate Through Planning
While we regularly assist with ancillary probate cases, we also advise clients on how to avoid the process when possible. With proper estate planning, property can be transferred without court involvement.
Here are a few planning tools that can prevent the need for Kansas ancillary probate:
Transfer-on-death deeds for Kansas real estate
Revocable living trusts that hold out-of-state property
Joint ownership with rights of survivorship
Beneficiary designations on bank or investment accounts
If your loved one did not use these tools, ancillary probate may be necessary. But when people do plan ahead, they can spare their families a good deal of stress.
How Long Does Ancillary Probate Take?
Ancillary probate in Kansas can typically be completed within four to six months, assuming all documents from the home state are in order and there are no disputes over the Kansas property. If the out-of-state probate is still open, or if there are creditor claims or property valuation issues, it may take longer.
At Heartland Estate Law, LLC, we work efficiently to move through each phase without unnecessary delay. We stay in close contact with courts and out-of-state counsel to keep things moving.
Can You Handle Kansas Probate Without Living in the State?
Yes. You do not need to be a Kansas resident to administer an estate in Kansas or to receive an inheritance here. With our guidance, we make it possible for family members or executors to fulfill their responsibilities without traveling to Kansas themselves. We take care of the filings, court appearances, and paperwork locally.
This is especially important for families who are grieving from a distance. They shouldn’t have to worry about courthouse logistics. Our presence on the ground provides the assistance they need.
Final Thoughts
At Heartland Estate Law, LLC, we handle ancillary probate cases across the state, helping families gain control over assets and reach a resolution with confidence. We’re proud to serve Overland Park, Kansas, and the surrounding areas. Call today.