Selling an Inherited House in Kansas: First Things First
You’re likely here due to the loss of a loved one. I’ve been there, and it’s tough. Right now, the most important thing you can do is allow yourself time to grieve, notify friends and family, and make funeral arrangements. It’s important to stay aware of the financial and other obligations that come with losing a loved one, but you’ll have plenty of time to handle those in the coming weeks. When the time feel is right, the following information will guide you through selling an inherited house in Kansas.
If you’ve recently inherited a house in Kansas (or will soon), I would bet you have plenty of questions about what happens next with the property. You’re not alone. As a real estate agent who’s helped many families through this process, I’ve seen how complicated and exhausting it can be. While I can’t provide legal or tax advice, the information below should give you a solid general idea of what to expect.
Everyone’s situation is unique, so you’ll want to work closely with an attorney and CPA to navigate it properly. From there, you’ll decide whether or not to sell the property.
What Is Probate and Do You Need It?
Probate is the court-supervised process of validating a will (if one exists), paying debts, and transferring assets to heirs. In Kansas, the district court in the county where the deceased lived handles probate. Simply put, it’s the legal process that determines what happens to someone’s belongings after they die.
Good news: Not every inherited property goes through probate. Depending on the types of assets and forms of ownership, you may avoid probate entirely.
Even when probate is required, it doesn’t have to be expensive or complicated. Proper estate planning minimizes costs and helps prevent conflict among heirs.
Who Actually Owns the Property?
Who legally owned the house (and how they owned it) at the time of passing makes a big difference in how ownership transfers. Here are the most common types of real estate ownership in Kansas:
Sole Ownership
Sole ownership means one individual owns the property in its entirety and appears as the only person on the title at the time of death. It seems straightforward, but if the deceased was married, Kansas law provides significant protections and rights for the surviving spouse, even if their name wasn’t on the title. These rights can substantially affect inheritance and the sale of the home.
Joint Tenancy
Joint tenancy means multiple owners hold equal, undivided interests in the property with right of survivorship. When one owner passes away, their interest automatically transfers to the surviving owner(s). This is common when spouses share title. Upon one spouse’s death, the surviving spouse becomes the sole owner.
Tenancy in Common
This is the default form of ownership when multiple people own a property together in Kansas. Ownership percentages can be equal (e.g., 50/50) or unequal (e.g., 70/30), depending on the title. When one owner dies, their share does not automatically pass to the surviving co-owners. Instead, it goes into their individual estate, which then determines its fate. The remaining owners keep only their original shares. This setup is common when siblings inherit a house from parents or when business partners co-own investment properties.
Ownership in Trust
When a property is held in a trust, the trust itself owns the property, and a trustee manages it. The initial trustee is typically the person who originally owned the home. After their passing, a pre-designated successor trustee takes over. That trustee may sell the property or continue managing it. A trustee is not necessarily a beneficiary (it could be an attorney or CPA). One of the biggest advantages of holding real estate in a trust is avoiding probate.
Transfer-on-Death (TOD)
A Transfer-on-Death designation lets the original owner retain full control while alive. Upon their death, ownership automatically transfers to one or more pre-designated beneficiaries. This designation must be properly recorded on the title beforehand, but it typically bypasses probate.
Did They Have a Last Will and Testament?
A common misconception is that having a will avoids probate. In Kansas, that’s usually not the case. Probate court most often supervises the execution of a will.
Without a will, Kansas intestate laws determine who inherits what. This can add complications, delays, and costs. This can be devastating when the outcome doesn’t align with the deceased’s or family’s wishes.
That said, I’ve seen cases where someone died without a will and administering the estate actually cost less than if a will had existed. Those are rare, near-perfect scenarios with few, cooperative heirs who stayed on the same page.
SIDE NOTE: If you or your living family members don’t yet have a last will and testament, strongly consider meeting with an attorney soon to create an estate plan. Planning for death isn’t pleasant, but none of us know how much time we have. A solid plan also includes powers of attorney and medical directives to keep things running smoothly if someone becomes ill or passes.
Timeline and Who’s Involved
Most probate cases in Kansas take 6–12 months, though complications, technicalities, or disputes can extend that timeline. The first step is usually meeting with an attorney to review your situation. Interview several attorneys or ask your real estate agent and trusted contacts for recommendations.
Once you’ve selected an attorney and confirmed that the estate requires probate, your attorney will file the case with the district court in the county where the deceased lived.
An estate includes everything the deceased person owned at death: real estate, bank accounts, vehicles, investments, personal belongings, along with any debts they owed. When you meet with the attorney for the first time, bring a complete list of assets and debts, plus copies of any will or trust documents. This preparation helps your attorney move the process forward quickly and accurately.
An Executor’s Duties
The judge typically appoints an executor or administrator, usually the person named in the will. This individual essentially serves as the “project manager” for the estate and probate process. They receive court-ordered authority to handle tasks like paying utilities, scheduling lawn maintenance, hiring an estate sale company, selling real estate, and ultimately distributing assets to creditors and heirs as the will specifies. They must perform these duties properly and can face personal liability if they don’t act in good faith.
If you’re named executor but feel unable or unwilling to take on the role, speak up right away. Even in ideal situations, it’s a lot of work and responsibility, and it can strain relationships with family and heirs. Money sometimes brings out the worst in people. If you’re not up for it, the will may name a backup, or the judge can appoint an alternate. A good attorney can help you make this decision and/or provide alternative suggestions.
In many cases, the executor can sell the house during probate. Always wait for your lawyer’s green light, but if selling the house is the plan, sooner is almost always better than later. Vacant houses cost money and carry extra risk (what can go wrong often does).
The court may require an opinion of value from a real estate agent or a formal appraisal, depending on the authority granted to the executor. The court may or may not need to approve the sale, so keep your real estate agent and attorney communicating closely.
Prepping the House for Maximum Sale Proceeds
Once title is clear (or probate permits the sale), prepping the house is where you can truly influence the bottom line. As an agent specializing in these sales, I love this phase. Small investments often deliver big returns in buyer interest and offers.
Your goal is simple: clear possessions, tidy up, and make the fewest repairs possible. You’re not flipping the house. In fact, buyers often pay more for a home that clearly “has potential” than one where you’ve already made design choices for them. Major renovations usually add liability, delay closing, and leave the estate with less money in the end.
Start with Decluttering and Cleaning
Sort belongings, donate, sell, or store. This process can feel overwhelming and may require several rounds of decisions about what to keep, sell, donate, or discard. You can also hire an estate sale company to handle most of it.
A full deep clean makes a huge difference: carpets, windows, everything. It’s inexpensive yet transformative, and you can charge this service to the estate.
Tackle Repairs and Updates Wisely
Fix only urgent maintenance and safety items (if any): roof leaks, plumbing issues, HVAC problems needed to pass inspections, trip hazards, etc. Buyers must be able to tour safely. Focus on strategic, prudent repairs rather than upgrades. Major renovations rarely deliver a good return for the estate. Your agent can help prioritize based on your situation and budget.
Maintain During Listing
Until the house sells, keep utilities on and ensure any mortgage, insurance, and property taxes stay current. As executor, you’re responsible for making reasonable efforts to protect estate assets.
If you’re out of town, consider hiring a property manager for ongoing maintenance. As your agent, I visit my vacant listings periodically between showings, but a dedicated property manager provides more comprehensive oversight.
Once the house is ready to hit the market, most of your heavy lifting is done! By this point, your lawyer likely has probate running smoothly. Now it’s time for your real estate agent to take the lead.
The House Is On The Market, Now What?
Once the inherited house is listed (and probate allows the sale to proceed), the process shifts from waiting to active selling. This phase can feel both exciting and stressful, especially amid grief. As a real estate agent who’s guided many families through selling an inherited property, I’m sensitive to the challenges you’re facing. The good news? Most sales follow a predictable path, and your agent will support you every step of the way.
Showings
Buyers will want to tour the house in person, so expect showing requests. If the property is vacant, this is straightforward. Your agent can manage access via lockbox or electronic system. If someone still lives there or belongings remain, we’ll customize scheduling to accommodate everyone. Ultimately, you want buyers to be able to see the house when they’re available to see it (with proper notice).
Keeping the house clean and tidy between showings is important. A quick sweep, emptying the trash, and turning on the lights go a long way. First impressions matter. Buyers often decide within minutes if a house feels right. If you’re out of town, your agent can arrange periodic checks or light cleaning services (charged to the estate).
Feedback from showings can provide invaluable insight. Your agent stays in close contact with buyers and other agents to gathers actionable insights. Making small adjustments along the way will attract stronger offers and keeps the listing fresh.
Managing Offers
After sufficient showings, offers should arrive. Your agent will present each one promptly to you (or the executor) and explain its strengths and weaknesses. Even if an offer falls short of your hopes, take time to review it carefully. Sometimes the first offer, after a little negotiation, turns out to be the best.
In hotter markets, multiple offers can give you leverage. Your agent will guide you through the options, looking beyond price to match the most qualified buyer and terms to your needs.
Remember, the true goal is the highest net proceeds to the estate after fees and repairs, not necessarily the highest gross price. An unrealistically high offer from an unqualified buyer could lead to appraisal or lending issues. This puts you right back to square one.
Negotiations
Most offers involve some back-and-forth. Common points include price, closing date, repair responsibility, or requests for inclusions (like appliances).
As sellers of an inherited property, you’re often in a strong position if you’re not emotionally attached or rushed. Don’t scare off a good buyer, but also, hold firm on key terms.
Your agent handles the negotiations and drafts counteroffers. Stay in close communication; quick responses maintain momentum and prevent buyers from walking away.
Inspections
Once you accept an offer, the buyer almost always schedules inspections. This is typically a general whole-house inspection and sometimes specialized ones (radon, sewer scope, termite, etc.). There could be follow-up inspections, depending on what the initial inspector finds.
In our market, buyers, their agents, and inspectors usually attend inspection alone. Sellers and listing agents typically stay away to avoid any perception of pressure. The inspector identifies issues, and the buyer may then request repairs or credits.
Inherited homes are commonly sold “as-is” with no repair obligations, but Kansas law requires disclosing known defects upfront. Many buyers accept the property in its current condition, especially when priced realistically. Your agent will help craft responses. Sometimes that means offering a small credit, addressing safety items only, or standing firm.
Closing
Closing is the finish line: ownership officially transfers, and the estate receives proceeds. In Kansas, closings typically occur at a title company and take about an hour.
The executor (or authorized party) signs documents, sometimes remotely via mail or e-signing. The buyer provides funds, any existing mortgage is paid off, and final prorations for taxes, HOA fees, etc., are calculated.
After closing costs and estate debts are settled, remaining proceeds distribute to heirs according to the will or intestate laws.
This moment is often bittersweet for families—closing one chapter while honoring a loved one’s legacy.
If you’re selling an inherited house in Kansas and have questions about any part of the process, from showings to closing—reach out. I’m here to help with no obligation, whether that’s running comps, discussing strategy, or simply talking through your options.
Justin Rollheiser – REALTOR®
Keller Williams Realty | Diamond Partners, Inc.
13671 S Mur-Len Rd | Olathe, KS 66062
Mobile 913-800-7653
Office 913-322-5878
Comments or Questions?