Small estate probate

[jhn5]

Jurisdiction

Kansas

My husband died over a year ago while staying with his father. His sister is in possession of his belongings and refuses to give them to me because i never filed a probate or paid all of my husband's bills. My husband left a will leaving me everything but his sister said he lost it. She states that his property is subject to creditors, and she states that she will not let me have a thing until i file a probate and pay all bills. I never filed a probate because i live out of state and every attorney i spoke with told me to abandon the estate because it would cost me more than it is worth to get it. His estate is worth less than about $15,000 and is mainly real estate inheritance to him. I have our child to support and we do not have money to burn. Is there any way i can get his personal belongings back and/or get his share of the house in kansas sold without costly attorneys and courts.

 

[army judge]

My husband died over a year ago while staying with his father. His sister is in possession of his belongings and refuses to give them to me because i never filed a probate or paid all of my husband's bills. My husband left a will leaving me everything but his sister said he lost it. She states that his property is subject to creditors, and she states that she will not let me have a thing until i file a probate and pay all bills. I never filed a probate because i live out of state and every attorney i spoke with told me to abandon the estate because it would cost me more than it is worth to get it. His estate is worth less than about $15,000 and is mainly real estate inheritance to him. I have our child to support and we do not have money to burn. Is there any way i can get his personal belongings back and/or get his share of the house in kansas sold without costly attorneys and courts.

If its $15,000 (or less), its not subject to probate.

Here's what you do:

Frequently Asked Questions About Probate

Kansas Small Estates General Summary Law - Affidavits and Summary Administration Laws - Small Estates

How Probate Works: A State Comparison | LegalMatch Law Library

In Kansas when an estate is $20,000 or less (you can skip probate).

Also under Kansas statute, when any estate is valued at less than $40,000, an interested party may issue a small estate affidavit to collect any debts owed to the decedent.

You simply have the Court approve the simplified process based on various factors that you describe.

For the simplified process, a court may consider factors such as the estate's value and inheritors' (that would be you, OP) financial interests.