When One Home Becomes Two Courts: Understanding Ancillary Probate in Kansas and Missouri
When someone passes away, most families expect probate to happen in one place. Usually, that place is the state where the person lived at the time of death. But what happens when someone lives in one state and owns real property—like a house, condo, or land—in another state?
That’s where ancillary probate comes in.
Ancillary probate sounds complicated, but the idea is simple: real estate is controlled by the laws of the state where it is located. If a person owned property in Kansas or Missouri but lived somewhere else, the law requires a separate legal process to transfer that property.
Let’s walk through how ancillary probate works in Kansas and Missouri, and what options may be available.
What Is Ancillary Probate?
Ancillary probate is a secondary probate case that is opened in a state where the decedent owned real property, but did not live.
The main probate case is called the primary probate and is opened in the state of residence. The ancillary probate is opened in the state where the real estate is located.
In short:
Primary probate = where the person lived
Ancillary probate = where the property sits
Why Is Ancillary Probate Required?
Real estate laws are state-specific. Each state controls how land within its borders is transferred after death.
That means:
A probate court in another state cannot directly transfer Kansas or Missouri real estate
Local courts must approve the transfer
Local records must be updated
Even if there is a valid will, ancillary probate may still be required.
Common Situations That Trigger Ancillary Probate
Ancillary probate is commonly needed when:
A person lived outside Kansas but owned land or a home there
A person lived outside Missouri but owned rental property or farmland
A vacation home, inherited property, or investment property was never transferred into a trust
If the property is titled in the individual’s name alone, ancillary probate is often unavoidable.
How Ancillary Probate Works in Missouri
Missouri allows ancillary probate when a non-resident owned real estate in the state.
The basic process looks like this:
A primary probate case is opened in the state where the person lived
Certified copies of probate documents are obtained
A petition for ancillary probate is filed in the Missouri county where the property is located
The court recognizes the out-of-state personal representative or appoints a local one
The Missouri property is transferred or sold
Missouri courts generally try to streamline ancillary cases, especially when a valid will already exists.
How Ancillary Probate Works in Kansas
Kansas also requires ancillary probate when a non-resident owns real property in the state.
The Kansas process typically includes:
Opening a primary probate in the home state
Filing authenticated copies of the will and probate filings
Filing an ancillary probate petition in the Kansas county where the property is located
Court approval of authority over the Kansas property
Transfer or sale of the real estate
Kansas courts may require additional notices and filings, depending on whether the decedent had a will and how the property is titled.
Are There Ways to Avoid Ancillary Probate?
Yes — Unfortunately, many families learn this after the fact.
Common alternatives include:
Transfer-on-death deeds (Kansas and Missouri both allow these)
Revocable living trusts that hold the property
Joint ownership with right of survivorship
Entity ownership, such as an LLC (in some cases)
If these tools were used properly during life, ancillary probate may not be necessary.
What Happens If the Property Is the Only Asset?
Sometimes, the only asset a person owns in Kansas or Missouri is the real estate itself.
In those cases, ancillary probate may be:
The only probate case opened
Limited in scope
Focused solely on transferring or selling the property
These cases are often more straightforward, but they still require court involvement.
Does Ancillary Probate Mean Two Full Probates?
Not usually.
Ancillary probate is narrower than the primary probate. The court is mainly concerned with:
The authority to deal with the local property
Proper transfer of title
Protection of creditors, if any
Most ancillary cases are shorter and more focused than a full estate administration.
Why Families Should Not Ignore Out-of-State Property
Real estate does not automatically transfer just because someone passed away.
If ancillary probate is required and not handled properly:
Property cannot be sold
Title cannot be transferred
Buyers may back out
Heirs may face delays and extra costs
Addressing ancillary probate early can prevent serious problems later.
Final Thoughts: Location Matters in Probate
Ancillary probate exists for one simple reason: land belongs to the laws of the state where it sits.
When someone owns property in Kansas or Missouri but lives elsewhere, the law provides clear steps to handle that property. While it may feel overwhelming at first, ancillary probate is a well-established process designed to ensure property transfers correctly and legally.
With the right guidance, families can navigate multi-state probate issues efficiently—and avoid unnecessary surprises during an already difficult time.
Legal Disclaimer
This blog post is for general information only. It is not legal advice, and reading this post does not create an attorney-client relationship.
Probate laws, including ancillary probate procedures, are different in every state and depend on the specific facts of each case. The information in this article is based on Kansas and Missouri law and may not apply to your situation. Laws may also change over time.
You should not rely on this information to make legal decisions about property, probate, or estate administration. If you have questions about out-of-state property or whether ancillary probate is required, you should speak with an attorney licensed in the state where the property is located.