Ways to Avoid Probate in Kansas

One of the first things we hear from new estate planning clients is:
“How can I avoid probate?”

This is often a reason driving people come to us. Many have gone through the probate process for a loved one and want to spare their families the same experience. Probate in Kansas can be expensive, time-consuming, and stressful, often taking months to complete.

Fortunately, there are tools available under Kansas law that allow you to transfer assets to your beneficiaries outside of probate. Below are the most common ways to do so.

Property Held Jointly with Rights of Survivorship

Joint tenancy with rights of survivorship allows two or more people to own equal shares of an asset. When one owner dies, their share passes automatically to the surviving owner(s) without going through probate.

• This is common for bank accounts and real estate.
• Important note: Many property owners think they have joint tenancy, but the deed language is incorrect and instead creates tenancy in common, which does require probate.

🔎 Recommendation: Have your real estate deeds and bank accounts reviewed to confirm proper joint ownership is in place.

Payable on Death (POD) Designations

A Payable on Death (POD) designation allows you to name a beneficiary on a bank account or other financial account. When you pass away, the account transfers directly to the named beneficiary without court involvement.

• POD is a contract with your bank, so make sure each account has one.
• Do not confuse this with adding a child or relative as a co-owner, which gives them legal access to your money during your lifetime and may expose the account to their creditors.

🛠️ Action step: Ask your bank to confirm that all your accounts have POD designations in place.

Transfer on Death (TOD) Deeds

A Transfer on Death (TOD) Deed allows you to name a beneficiary who will automatically inherit your real estate upon your death—without going through probate.

• TOD Deeds must be filed with the Register of Deeds in the county where the property is located.
• Married couples can file a joint TOD Deed, with the transfer taking effect after the second spouse passes away.
• You retain full control of your property during your lifetime—you can sell, refinance, or revoke the deed.

🏡 Planning tip: If you move or buy new property, you’ll need to file a new TOD Deed for the new property.

Small Estate Affidavit (Kansas)

Kansas allows a Small Estate Affidavit to be used if the total value of an estate is less than $75,000 (excluding real estate).

• This tool allows heirs to collect and transfer property without probate.
• Heirs fill out a simple form provided by the Kansas Judicial Council and present it to the institution holding the assets.

💡 Ideal for: Estates with bank accounts, life insurance, or other financial assets under $75,000.

Revocable Trusts

A Revocable Trust is a powerful estate planning tool that:

• Allows you to transfer ownership of your assets to a trust during your lifetime.
• Provides a private, court-free method of distributing assets upon your death.
• Can be amended or revoked at any time while you’re alive and competent.

While a trust can eliminate the need for probate, not everyone needs one. In many cases, using the tools above (POD, TOD, joint ownership) can avoid probate without the added cost of creating and funding a trust. See our blog post on selecting a Trust here.

Final Thoughts: The Importance of Proper Planning

Kansas law offers several ways to avoid probate, but using these tools incorrectly can still lead to unintended consequences—and probate.

That’s why it’s important to work with a qualified estate planning attorney who can help you choose and properly implement the best strategy for your specific situation.

Get Help Avoiding Probate in Kansas

At Minter & Pollak, LC, we help individuals and families across Kansas create effective, affordable estate plans. We offer free initial consultations and are happy to review your existing plan to ensure probate can be avoided.

📞 Call us today at (316) 265-0797 to schedule your free consultation.

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