Where to File a Probate Case in Kansas or Missouri

Deciding where to file a probate in Kansas or Missouri can often be challenging. The general rule is that a probate should be filed in the county where the person who died (decedent) was domiciled. Domicile refers to the county and state where someone primarily lived. While domicile and residency are often used interchangeably, they are slightly different. You can live somewhere as a resident but maintain a legal domicile in another state.

What Is Domicile?

Domicile refers to someone’s fixed, permanent home. You can temporarily live elsewhere but still be domiciled in Kansas or Missouri if you maintain your primary home and legal ties and intend to return. So, if a decedent resided in a specific county, the probate should be opened in that specific county.

Example:

Jane lived half the year in Johnson County, Kansas, and half the year in Clay County, Missouri. For tax and legal purposes, her homestead and legal residence were in Johnson County.

Result: Jane’s domicile would be Johnson County, Kansas since that is her permanent legal home. Jane's family should open the probate for her estate in Johnson County, Kansas.

To be domiciled in Kansas or Missouri, you do not need to own property in a specific county. A decedent can be domiciled in the state while renting or only living there for a portion of the year. However, the decedent must maintain enough ties to the state to be considered domiciled there.

What if a Non-Resident Dies Owning Property in Kansas or Missouri?

If a non-resident dies with property in Kansas or Missouri, the probate is typically opened where the decedent passed away. If the decedent owned multiple properties in different counties, you can select the county where most of the properties are located to open the probate. The personal representative can then take control of all the other properties once appointed by the court, and the properties can be sold or transferred to the beneficiaries.

Example:

Robert passed away as a resident of Kansas. He owned three rental properties in Missouri: one in Jackson County, one in Clay County, and one in Platte County.

Result: Robert’s personal representative/executor can open the ancillary probate in Jackson, Clay, or Platte County. Typically, the county with the most valuable or easily accessible property is chosen.

What if a Probate is Filed in the Wrong County?

If the probate is filed in the wrong county in Kansas or Missouri, you can petition the court to transfer the probate to the correct county court. You can also have the court administratively close the probate and then re-open it in the correct county.

Caution: If you administratively close the first probate case and re-open it in the new county, you will have to pay the court filing fee again.

What if Someone Dies as a Non-Resident of Kansas or Missouri and Does Not Own Property Here?

If someone dies outside of Kansas or Missouri and they are neither a resident nor own property in the state, the statute allows a debtor of the decedent to open a probate in the state. The probate needs to be opened in the county where the debtor resides. Although rare, this can happen in unique circumstances.

Example:

Tom passed away in Cass County, Missouri and had no ties to Kansas. His business partner, who lives in Overland Park, Kansas, was owed a substantial sum by Tom's estate. Tom's family never opened a probate in Missouri.

Result: Tom’s business partner could open an ancillary probate in Johnson County, Kansas since he resides there and Tom's estate owes him money.

Tip: It is advisable to consult with a probate attorney in Kansas City or your local area before deciding where to file. Some counties in Kansas and Missouri are more streamlined for probate cases than others.

Need help with probate in Kansas or Missouri? Contact us today to schedule a consultation and get the guidance you need to navigate the process smoothly.