If your family member’s estate has a total value of $100,000 or less, and if your family member had no outstanding debts when they died, then you may be able to transfer their assets through a process known as the small estate affidavit. A small estate affidavit is still filed at the courthouse, like probate. However, it does not require the lengthy waiting period that probate does and does not require court orders signed by the judge. Be aware that if your loved one’s estate includes land, a small estate affidavit may not be the best option. Even though land can be transferred through a small estate affidavit, many title companies will not recognize the affidavit making selling the property later more difficult.

If a loved one dies, leaving items such as bank accounts, stocks, bonds, or real estate solely in their name, then it may be necessary to probate your loved one’s estate to gain access to the property or transfer title to it. Probate is a court process that allows a judge to oversee the transfer of someone’s property after they die to their heirs or the beneficiaries in their Will. Modern probate proceedings can be relatively short (eight to ten months). Probate may be tricky to navigate on your own, but the right attorney can help you with the process.

kansas has a five-year limit for probating someone’s estate after they die. After that time expires, probate is no longer an option. However, title to land (real estate) can still be transferred to someone’s surviving heirs through a court process known as a petition to determine heirship. The process does require approval by a judge and sometimes a court appearance. At the end of the process, a deed will be issued in surviving heirs’ names.