Probate and the Notification to Interested Parties in Kansas and Missouri

When someone passes away in Missouri or Kansas, their estate often goes through a court-supervised process known as probate. Probate involves identifying the deceased person’s assets, paying off debts and taxes, and distributing the remaining property to the rightful heirs or beneficiaries. A key element of this process is providing legal notice to certain individuals and entities with a legitimate interest in the estate.

Just like in other states, Missouri and Kansas have specific laws governing who must receive notice during probate. Understanding these rules is crucial for personal representatives (also known as executors or administrators), beneficiaries, and anyone with a potential claim on the estate. Failing to notify the appropriate parties can delay the probate process—or even lead to legal disputes.

Below is a breakdown of who is entitled to notice under Missouri and Kansas probate law.

1. Heirs at Law

Heirs at law are individuals who would inherit from the deceased under state intestacy laws if no valid will exists. These typically include:

• Surviving spouse
• Children (biological and legally adopted)
• Parents and Siblings (if there are no children or spouse)
• Extended family (in the absence of closer relatives)

Even if the decedent left a will excluding these individuals, they must still receive notice. This gives them the opportunity to contest the will or assert their rights under state law.

2. Devisees and Legatees (Named in the Will)

Anyone named in the decedent’s will to receive a specific asset or portion of the estate—known as devisees (real estate) and legatees (personal property)—must be given notice of the probate proceedings. These individuals have a legal interest in the outcome of the case and must be informed of any actions that could affect their inheritance.

3. Beneficiaries of Trusts and Non-Probate Transfers

If the deceased established a revocable living trust or other non-probate mechanisms (such as transfer-on-death deeds, payable-on-death accounts, or joint ownership with rights of survivorship), those beneficiaries may not be directly involved in the probate process. However, trustees and trust beneficiaries may still need to receive notice, particularly if the trust is named in the will or holds a portion of the estate's assets.

4. Creditors of the Estate

Both Missouri and Kansas require that creditors receive notice so they can file valid claims for debts owed by the deceased. This typically involves:

• Publishing a notice to creditors in a local newspaper, and
• Mailing direct notice to known creditors.

In Missouri, creditors generally have six months from the date of first publication to submit claims. In Kansas, creditors have four months. If a creditor fails to file within this window, their claim may be barred.

5. Surviving Spouse and Children

Even if the surviving spouse or children are not listed as heirs or beneficiaries in the will, they are still entitled to notice. This is especially important because:

• The surviving spouse may have rights to an elective share of the estate or other statutory entitlements (e.g., a homestead allowance).
• Minor children may have rights to financial support or property from the estate.

Ensuring they receive notice gives them the opportunity to assert these rights before the estate is distributed.

6. Personal Representative (Executor) and Their Attorney

The personal representative, who is appointed by the court to administer the estate, must receive all legal notices pertaining to the estate proceedings. Their attorney, if one is involved, must also be kept informed of all developments, filings, and deadlines. This ensures that the estate is administered in compliance with state law.

7. Government Agencies

Certain government agencies must also be notified during the probate process, especially if:

• The deceased received Medicaid (MO HealthNet in Missouri or KanCare in Kansas). The state may file a claim to recover benefits paid.
• The estate owes unpaid taxes to the IRS or state revenue departments.
• There are other state or federal agencies with an interest in the decedent’s affairs.

Timely notice to these agencies helps prevent delays or disputes during estate administration.

8. Other Interested Parties

“Interested parties” is a broad category that can include:

• Co-owners of jointly held property
• Guardians or conservators of incapacitated beneficiaries
• Trustees of trusts connected to the estate
• Named contingent beneficiaries
• Anyone else with a legal or equitable interest in the estate

If the decedent’s will or other documents specifically request that certain individuals or entities be notified, those instructions should be followed as well.

Consulting an Attorney Is Key

Missouri and Kansas probate laws are complex, and the rules about who must receive notice can vary depending on the size of the estate, whether a will exists, and other factors. A probate attorney can help ensure that all required parties are notified properly, reducing the risk of disputes, delays, or claims against the estate.



If you're serving as a personal representative, or if you believe you are entitled to notice in a probate proceeding, it's in your best interest to consult with a knowledgeable estate planning or probate attorney. Proper notice is not just a legal formality—it’s a critical part of ensuring a fair and lawful probate process.