Probate FAQ — Selling an Inherited Home in Kansas City

Probate is the court process that validates a deceased person's will and authorizes someone (the personal representative or executor) to manage the estate. It includes paying debts, settling taxes, and distributing assets — including real estate.

In Missouri, probate is handled through the circuit court in the county where the person lived. In Kansas, it goes through district court.

Missouri probate typically takes 6-12 months. Simple estates with no disputes can close in 6 months. Complex estates with multiple heirs, creditor claims, or contested wills can drag to 12-18 months.

Kansas probate generally runs 4-8 months. Kansas has a simplified process for smaller estates that can move faster.

Yes. In Missouri, once you receive Letters Testamentary (or Letters of Administration if there's no will), you have legal authority to sell estate property. You may need court approval depending on whether the will grants independent administration.

In Kansas, the process is similar. Once you're appointed as executor or administrator, you can sell. We work with probate attorneys regularly and can structure the sale to fit your probate timeline.

It depends on the will. If the will grants the executor independent administration powers, you can sell without court approval in Missouri. If there's no will (intestate), or the will requires supervised administration, you'll need court approval.

Your probate attorney handles the motion. We've done this dozens of times — it usually adds 2-4 weeks to the timeline.

Letters Testamentary is the court document that officially appoints you as executor of the estate. It gives you legal authority to act on behalf of the deceased — including selling real estate, accessing bank accounts, and paying debts.

If there's no will, the equivalent document is called Letters of Administration. The title company will require a certified copy before closing.

If someone dies without a will (called intestate), Missouri law determines who inherits the property. The court appoints an administrator and issues Letters of Administration.

The property passes to heirs based on Missouri's intestate succession rules — typically the surviving spouse first, then children. You can still sell the house, but you'll likely need court approval.

This is the most common probate headache we see. Three siblings inherit Mom's house — one wants to sell, one wants to keep it, one lives out of state and won't return calls.

If the executor has authority to sell, they can proceed. If all heirs must agree and can't, a partition action (court-ordered sale) may be necessary. We've worked through many of these situations.

Missouri allows a small estate affidavit for estates valued under $40,000 in personal property (not real estate). This lets heirs collect assets without full probate.

However, real estate transfers still require either probate or a different legal process like a transfer-on-death deed. If the only major asset is a house, you'll likely need some form of probate.

You get a stepped-up basis, which means your cost basis is the property's fair market value on the date of death — not what the original owner paid.

If Mom bought the house for $50,000 in 1990 and it's worth $200,000 when she passes, your basis is $200,000. Sell for $200,000, and you owe zero capital gains. If the house has declined or you sell quickly, there's usually no tax hit. Talk to a CPA for your specific situation.

Extremely common. The house has been sitting empty, the roof leaks, the furnace is dead, there's a mold issue in the basement. We buy inherited homes in any condition — no repairs needed.

The estate doesn't have to spend money fixing up a house to sell it. We buy it as-is and close fast.

The mortgage doesn't disappear when someone dies. The estate is responsible for the payments. If payments aren't made, the lender can foreclose — even during probate.

We pay off the existing mortgage at closing from the sale proceeds. If the house has equity above the mortgage balance, you walk away with cash.

Jackson County probate goes through the 16th Judicial Circuit at 415 E 12th St in Kansas City. Missouri probate typically takes 6-12 months.

Johnson County probate goes through the Kansas District Court in Olathe. Kansas probate usually runs 4-8 months. The legal requirements differ because they're different states with different statutes. We handle probate sales in both counties regularly.

Yes — this is one of the most common situations we handle. We work with your probate attorney, wait for the right documents to be in place, and close on your timeline. No rush, no pressure.

If the house needs repairs, has back taxes, or multiple heirs are involved, we handle all of it. Call Ernest directly at 816-429-2900.