Selling an Inherited Home in Kansas: Probate, Taxes & Timeline (Plain-English Guide)

Not legal or tax advice—use this as a roadmap and have your attorney/CPA confirm your specific situation.

First, do you even need probate?

In Kansas, some properties pass outside probate and can be sold by the person who receives title automatically:

• Transfer-on-Death (TOD) deed recorded before death → title passes to the named beneficiary at death; probate is typically unnecessary for the house. Kansas State Legislature+1

• Joint tenancy with right of survivorship → the surviving joint owner usually takes full title.

• Trust property → the successor trustee can sell per the trust.

If none of the above applies (or there are multiple heirs/disagreements), you’ll likely use probate or a Kansas shortcut called Determination of Descent to clear title before closing. ksrevisor.org

Which Kansas path fits your situation?

1) TOD deed beneficiary

• Bring the death certificate and the recorded TOD deed to the title company; they’ll update title into your name. Then you can list and sell.

2) Formal probate (will or no will)

• The court appoints a personal representative (executor/administrator) who gets Letters authorizing them to list and sell.

• Typical duration (uncontested): ~6–9 months; complex cases can take longer. troppitomiller.com

3) Determination of Descent (often faster for real estate)

• If no probate is opened within 6 months, an heir can petition the court to determine who owns the property so title can be conveyed. This is a common Kansas tool to clear title to real estate. ksrevisor.org+1

4) “Small-estate” affidavit (important limitation)

• Kansas has a small-estate affidavit threshold of $75,000—useful for personal property like bank accounts or vehicle title transfers, not to convey real estate. dreilinglaw.com+1

Taxes (the quick version)

• Kansas has no state estate tax or inheritance tax. Only the federal estate tax could apply, and that’s relevant to very large estates. SmartAsset+2Valur+2

• Capital gains & step-up in basis: Heirs typically receive a stepped-up tax basis equal to the fair market value on the date of death. If you sell near that value, gains may be minimal; sell well above it and gains can apply. (Talk to your CPA about valuation and reporting.)

Practical selling timeline (what to expect)

Week 1–3

• Confirm the title path (TOD, probate, or determination of descent).

• Secure the home (locks, insurance), set up utilities, gather key documents (will/trust, death certificate, deeds, tax bills, HOA docs).

Month 1–2

• If probate is needed, file promptly; if you’re past six months with no filing, ask counsel about Determination of Descent. ksrevisor.org

• Obtain Letters (or the court order in a determination proceeding).

• Light repairs, clean-out, and staging; order a price opinion/appraisal to support list price and “step-up” records.  I will help you with this.

Month 2–4

• List the home (some courts require a brief notice period or specific language in the contract— I will guide you).

• Negotiate and set a closing date that respects any court approval requirements.

Closing

• The personal representative or heir signs. Title company will ask for Letters or the court decree of descent, plus standard seller docs.

Kansas seller paperwork you’ll likely hear about

• Letters Testamentary/Administration (if in probate).

• Decree in Determination of Descent (if using that route). ksrevisor.org

• Death certificate and affidavits required by title.

• Payoffs & prorations (mortgage, taxes, HOA).

How to protect your net (and sanity)

1. Choose the right route early. If a TOD deed exists, skip probate for the house. If not, ask your attorney whether determination of descent is faster than full probate for your facts. Kansas State Legislature+1

2. Document value at date of death. Save CMA/appraisal and photos for step-up basis and future tax reporting.

3. Sell “clean.” Handle obvious safety/insurance issues and light cosmetics; avoid major renovations.

4. Price to the bracket. Kansas buyers search in price bands—hitting a round number (e.g., $250k / $300k) broadens exposure.

5. Keep insurance current and confirm vacancy rules while the home is on the market.

FAQs

Can we list before probate finishes?
Often yes—once the personal representative has authority (Letters) or once a determination order is entered. Your contract can be written “subject to court approval” if required in your county.

There are multiple heirs—who signs?
If title is already in the heirs (TOD or determination), all titled owners sign. In probate, the personal representative typically signs on behalf of the estate.

We’re out of state—can we close remotely?
Yes. Title companies in Kansas routinely handle mail-away or remote online notarization where available.

Bottom line

In Kansas, selling an inherited home is very doable once you pick the correct legal path: TOD deed beneficiary, probate with Letters, or Determination of Descent. Plan the route, document the value, and coordinate closely with your attorney, CPA, and title company to keep your timeline and net on track.

I’m happy to review your situation and coordinate with your title/attorney so you can sell smoothly.

I've got attorneys, title companies, contractors and more that can handle anything we need to accomplish.

You can reach me at 316-202-5515.  Lesley Perreault, REAL Broker LLC.